IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 6870 of 2005 Between: M/s.Bharat Talkies, Mahaboobnagar rep., by its Proprietor, Khaja Faiyazuddin, Mahaboobnagar District. ..... PETITIONER AND 1 The Joint Collector & Licencing Authority, Mahaboobnagar, Mahaboobnagar District. 2 The Revenue Divisional Officer, Mahaboobnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction, more particularly one in the nature of mandamus declare the action of the respondents herein in closing the theatre without any proceedings and seizure of the theatre as illegal, null void and arbitrary and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{RS} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.6870 OF 2005 ORDER: The petitioner questions the action of the respondents in closing the theatre without following any due procedure prescribed in law. It is stated that the Joint Collector, Mahboobnagar issued a show cause notice in No.C1/1545, dated 7-3-2005 making certain allegations calling upon the petitioner to submit his explanation as to why the B-Form licence should not be cancelled for violation of the terms and conditions of the B-Form licence and non fulfillment of the requirements under Rule 12(B) of the A.P.Cinemas (Regulations) Rules 1970. This Court while admitting the writ petition granted interim direction, directing the respondents to permit the petitioner to run the theatre by removing the seal, pending disposal of the writ petition. Having regard to the facts and circumstances of the case, there is no incidental or ancillary power to close the theatre, without passing final orders pursuant to the show cause notice by revoking the B Form licence. Accordingly, the writ petition is disposed of directing the first respondent to complete the enquiry and pass appropriate orders pursuant to the show cause notice in No.C1/1545/05 dated 7-3-2005 after giving reasonable opportunity to the petitioner if not already completed and pending final orders, pursuant to the show cause notice, the interim orders passed by this Court shall continue. No order as to costs. ________________ Date: 2-07-2008. V.ESWARAIAH,J Shr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Joint Collector & Licencing Authority, Mahaboobnagar, Mahaboobnagar District. 2 The Revenue Divisional Officer, Mahaboobnagar. 3.2CCs to 4.2CD copies