IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 20087 of 2004 Between: C.A. mahal Cinema theatre rep by Managing Partner, N. Ramachandra, Reddy S/o N. Sidda Reddy R/o Valmikpuram Village & Mandal, Chittoor District ..... PETITIONER AND 1 The Government of A.P., rep by Secrtary Home Department Secretariat Buildings, Hyderabad. 2 The Joint Collector, Chittoor, Chittoor District. 3 The Mandal Revenue Officer, Valmikpuram Mandal, Chittoor District .....RESPONDENTS 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 issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent issuing the proceedings dt.26-10-2004 in Roc. C1/9731/2002 as illegal, arbitrary, highhanded apart from being violative of Articles 14 and 19(1)(g) of the constitution of India and set a side the same Counsel for the Petitioner: MR.R.RAMACHANDRA REDDY Counsel for the Respondent: GP FOR HOME The Court made the following : ORDER: The petitioner-theatre represented by its Managing Partner questions the order of the Joint Collector, Chittoor made in Roc.No.C1/9731/2002, dated 26.10.2004 in suspending his B-Form licence under Section 10(2)(b) of the Andhra Pradesh Cinemas (Regulation) Act, 1955 (for short ‘the Act’). The brief facts of the case are that the petitioner was granted licence by the second respondent to run a Cenema Theatre in Valmikipuram Chittoor District in the year 1972. The said licence has been cancelled by the second respondent-Joint Collector through order dated 29.01.2003 on the basis of the report submitted by the third respondent alleging violation of conditions under Section 10 (2)(b) of the Act. Aggrieved by the order passed by the Joint Collector, the petitioner filed an appeal before the first respondent-Government, and the Government by its Memo dated 29.02.2003 granted interim stay of the operation of the order passed by the Joint Collector. Later, the Government while vacating the stay, dismissed the appeal vide G.O.Rt.No.1016, dated 7.07.2004 suspending the licence of the petitioner for a period of three months directing the second respondent to initiate appropriate action against the petitioner. After passing the orders in appeal, the Joint Collector passed orders on 11.08.2004 imposing penalty of Rs.10,000/- on the petitioner directing to rectify the defects pointed out in the show cause notice. Stating that the penalty of Rs.10,000/- was not paid, the Government vide G.O. letter dated 7.10.2004 directed the second respondent to suspend the B-Form licence of the petitioner and accordingly the second respondent through his order dated 26.10.2004 suspended the licence of the petitioner for a period of three months. Hence the present writ petition. The learned counsel for the petitioner contended that pursuant to the order of the Joint Collector, dated 11.08.2004 imposing penalty of R.10,000/-, in lieu of suspension or revocation, the petitioner-theatre had remitted the penalty amount by way of challans to an amount of Rs.4000/- on 24.09.2004 and Rs.6000/- on 27.10.2004. He also contended that the Joint Collector, having collected the penalty amount of Rs.10,000/-, passed the impugned order dated 26.10.2004, pursuant to the dismissal of the appeal suspending the licence for a period of two months, and remitting the penalty amount to the petitioner-theatre, which is arbitrary and illegal. The Government dismissed the appeal in G.O.Rt.No.1016, dated 07.07.2004, vacating the stay granted earlier vide its memo dated 28.02.2003. As per the earlier order of the Joint Collector, the B-Form licence of the petitioner shall stand suspended. But, however, the Joint Collector imposed a penalty of Rs.10,000/- by order dated 11.08.2004 vide his proceedings in Roc.C1/9731/2002. When once the Joint Collector himself passed orders dated 29.01.2003 suspending the licence, as confirmed by the Government in the appeal filed by the petitioner, he has no right or authority to levy a penalty de horsing the earlier suspension order. However, the said penalty amount has already been paid by the petitioner. Therefore, I am of the opinion that the order of the Joint Collector dated 11.08.2004 in imposing penalty of Rs.10,000/- in lieu of suspension of licence is illegal and arbitrary. In view of the facts of the case, it is for the concerned disciplinary authority to take appropriate action against the then Joint Collector for passing such illegal order dated 11.08.2004. But, however, as the petitioner has already paid the said penalty amount of Rs.10,000/-, and though he has not challenged the earlier order of the Government in G.O.Rt.No.1016, dated 07.07.2004, I am of the opinion that to meet the ends of justice, the levy of penalty of Rs.10,000/- is sufficient punishment in lieu of suspension of licence under Section 10 (2)-A of the Andhra Pradesh Cinemas (Regulation) Act, 1955. Having regard to the facts and circumstances of the case, the order of the Government dated 7.07.2004 and the impugned order of the Joint Collector dated 26.10.2004 are modified imposing penalty of Rs.10,000/- on the petitioner-theatre under Section 10(2-A) of the Act. However, the petitioner-theatre shall comply with all the defects pointed out in the show cause notice and if the said defects are not rectified, it is open for the respondents to take appropriate steps in accordance with law. Accordingly, the Writ Petition is disposed of. No costs. __________________ (V. ESWARAIAH, J.) 16th July, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P., rep by Secrtary Home Department Secretariat Buildings, Hyderabad. 2 The Joint Collector, Chittoor, Chittoor District. 3 The Mandal Revenue Officer, Valmikpuram Mandal, Chittoor District 4 2 CCs to G.P. for Home, High Court of A.P. Hyderabad.(OUT) 5 2CD copies.