HARISH MALHOTRA Vs. DISTRICT MAGISTRATE, HARIDWAR
LAWS(UTN)-2013-12-145
HIGH COURT OF UTTARAKHAND
Decided on December 31,2013

Harish Malhotra Appellant
VERSUS
DISTRICT MAGISTRATE, HARIDWAR Respondents

JUDGEMENT

- (1.) Counter affidavit filed by the respondents in the Court is taken on record.
(2.) The petitioner is a Cable Television Operator. He is aggrieved by an order dated 27.12.2013 by which he has been asked to stop his Cable business from the premises where he was actually run.
(3.) The fact of the matter is that the petitioner was granted a licence to run Cable Television Network under the Uttar Pradesh Entertainments and Betting Tax Act, 1979 (hereinafter referred to as "Act" ). However, the petitioner shifted his Control Room from Lajwanti Bhawan Bhimgoda, Haridwar to Khadkhadi near Sugandha Hotel, Haridwar for which no permission was taken by the petitioner. Now the impugned order has been passed by the District Magistrate under the powers vested under Section 15(2) of the Act whereby the petitioner's Cable Operation has been stopped with immediate effect. Section 15(2) of the Act reads as under:- "15 Suspension or revocation of licence of permission for entertainment (1)........... (2) No order to revoke or suspend any permission or licence shall be made under sub-section (1) without giving the holder of the licence or permission a reasonable opportunity of being heard: Provided that where the District Magistrate or the Commissioner is of the opinion that the object of the action proposed to be taken would be defeated by the delay, he may, while or after communicating to the holder of the licence or permission the grounds on which the action is proposed, pass an interim order suspending the permission or licence in the meantime.";


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