IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11672 of 2000 Between: ..... PETITIONER AND .....RESPONDENT 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 Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR HOME HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO.11672 OF 2000 ORAL ORDER: Government Pleader for Home is not present. Today though all the matters have been posted relating to GP for Home there is no representation on behalf of G.P. Heard the learned advocate appearing for the petitioner. It is the case of the petitioner that he is the Managing Partner of M/s Vikram Theatre, Gadwal. While so, the Joint Collector & Licensing Authority, Mahaboobnagar District-first respondent herein, cancelled the B-Form Licence of the petitioner theatre with immediate effect closing the theatre with effect from 28.6.2000 on the ground that the Sub-Collector, Gadwal, Mahaboobnagar District, vide proceedings dated C1/4399/2000 dated 24.6.2000 reported to the Joint Collector, Mahaboobnagar District, stating that the Sub-Collector received a representation from the All India Students Federation (AISF) Gadwal regarding exhibition of Blue Film by the petitioner-Management and accordingly, the Sub-Collector caused enquiry through the Mandal Revenue Inspector, Gadwal, who came to know that the petitioner-Management exhibited the picture of ‘Beautiful Lady’ (noble lady) and it has three naked scenes and as such the Collector recommended the cancellation of B-Form licence of the petitioner theatre as they failed to stop the exhibition of naked scenes though they were previously warned. In view of the aforesaid report, the Joint Collector cancelled the B-Form licence on the ground that the petitioner violated condition Nos. 14 and 42 of B-Form licence. The only question that arises for consideration is as to whether the licensing authority is empowered to cancel (revoke) B-Form licence without giving any opportunity? No doubt if the licensee violates the conditions of the licence or any rules and provisions of the Act, it is open for the licensing authority either to suspend or revoke the license as per Condition No. 14. The licensee shall not permit obscene or objectionable posters or pictorial publicity material to be displayed in the licensed premises. Under Condition No. 42 the licensee shall comply with such directions, as the Government may, by general or special order give as to the manner in which approved films shall be exhibited in the course of any performance. Under proviso to Sub Section (1) of Section 10 of the A.P. Cinema Regulation Act, 1955 the licensing authority may after giving licence, and after showing a cause shall revoke or suspend the licence. It is stated that without giving any opportunity of show cause notice the impugned action has been initiated. Therefore, I am of the opinion that the impugned order is against the principles of natural justice and contrary to proviso 2 of Sub-Section (2) of Section 10 of the Act. Having regard to the facts and circumstances, the impugned order is set aside and the Writ Petition is allowed keeping it open for the first respondent to give an opportunity of show cause notice and take appropriate action in accordance with law. No order as to costs. ____________________ V. ESWARAIAH, J Date: 02.04.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CCs to G.P. for Home, High Court buildings, High Court of A.P. Hyderabad 2. 2CD copies