SANJIB KUMAR ROY Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-1-26
HIGH COURT TRIPURA
Decided on January 11,2021

Sanjib Kumar Roy Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

S.Talapatra,J. - (1.) Heard Mr. A. K. Pal, learned counsel appearing for the petitioner as well as Mr. K. K. Pal, learned counsel appearing for the respondents No.2, 3 and 5. None appears for the remaining respondents.
(2.) A short question that falls for consideration in this petition filed by the petitioner under Article 226 of the Constitution of India is whether the order dated 15.01.2014 Annexure-G to the writ petition has been passed arbitrarily. The order dated 15.01.2014 reproduced in full, is hereunder: OFFICE OF THE EXECUTIVE OFFICER AGARTALA MUNICIPAL COUNCIL CENTRAL ZONE No.10/Touki/AMC/07/899-906Dated, 15th January 2014 To Sri Subhrajyati Shil (on behalf of Sanjib Kr. Roy) Children Park, Agt. Sub:- Cancellation for permission of 3-D show at Children Par, Agt. Sir, As per decision of Agartala Municipal Council the permission of 3-D show at Children Part were issued vide our letter no F.1 41/15/AMC/99 2000/ Dated 04/12/2004 is hereby treated cancelled. Yours faithfully Executive Officer Sd/- Illegible Agartala Municipal Council Central Zone Copy to:- 1. P.A. to Hon'ble Chairperson, AMC for kind information of the Hon'ble Chairperson Pl. 2. The C.E.O. AMC for kind information pl. 3. E.E. Div-I, AMC for kind information and n/action pl. 4. The Health Officer, AMC for information and n/action pl. 5. Asstt Eng. SD-IV for information and n/action pl. 6. In-Charge Task force, AMC for information and take n/action. Yours faithfully Executive Officer Sd/- Illegible Agartala Municipal Council Central Zone
(3.) Mr. Pal, learned counsel has submitted that the petitioner and other two persons were given permission to run 3D theatre show in the Agartala Municipal Corporation shed at Children Park with effect from 16.12.2004, initially for three months and thereafter, the petitioners and others continued in the said shed and ran the 3 D show on payment of requisite licence fee and lastly the license fee was paid on 02.01.2014. According to Mr. Pal, learned counsel for the petitioner no show-cause was issued to the petitioner despite the fact that he was continuing in the said shed by way of sufferance and hence, the order dated 15.01.2014 is grossly arbitrary, as no opportunity was afforded to the petitioner.;


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