IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13788 of 2008 GOPAL JI JAISWAL son of late Abhimanyu Prasad Jaiswal, resident of Panch Mandir Road, P.S. Motihari,District- East Champaran. Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary Urban Development Department, Govt. of Bihar,Patna. 3. The Collector-cum-District Magistrate,Motihari,District East Champaran. 4. The Additional Collector,Motihari,East Champaran. 5. Shri Manoj Kumar Jaiswal @ Shanker Ji Jaiswal son of Trilokinath Jaiswal. 6. Vishwajit Jaiswal s/o Trilokinath Jaiswal. ----------- 2 5.2.2009 Petitioner has filed this application questioning the authority and the order of the Collector, Motihari in granting cinema licence to one Manoj Kumar, respondent no.5. It is submitted that this cinema hall was a partnership property, which partnership consisted of family. The licence used to be granted to the eldest member of the family in the partnership business on the basis of consent from all others of the firm. Recently when such one died, wrongfully his son to the exclusion of the petitioner and others have obtained licence for the cinema hall. In my view, this amounts to refusal of grant of licence to the petitioner. The Collector was aware of the dispute and granted the licence . In my view, petitioner remedy lies in appeal as contemplated under the Bihar Cinema Regulation Act and Rules framed there under at the first instance. Let petitioner approach the appellate authority in this regard, who would be competent to decide the matter in accordance with law. As the matter relates to a right to run a cinema hall day to - 2 - day, it is expected that the appellate authority would consider the matter and decide expeditiously preferably within a period of three months from the date of filing of the appeal. This disposes of the writ petition. singh (Navaniti Prasad Singh)