- (1.) HEARD Shri Om Chandra holding brief of Shri Vinod Kumar learned Counsel appearing on behalf of the petitioner and learned Standing counsel and perused the records.
(2.) WRIT petition under Article of the Constitution of India has been preferred by the petitioner against the impugned order passed in pursuance to Section 12 of the Uttar Pradesh Chalchitra Adhiniyam 1979 (in short hereinafter referred as the 'Act'). In brief, the petitioner, who is the owner of Raj Touring Video Fakharpur, was granted licence to run touring video for the period commencing from 14.1.2003 to 13.7.2003. According to terms and condition of the licence granted to the petitioner, the petitioner was only entitled to show the cinema on temporary structure and not in permanent talkies. However, during the course of inspection done by the Inspector on 2.2.2003 followed by 12.7.2003 then again on 14.7.2003 it was found that the petitioner was running cinema in a permanent cinema hall namely Priya Talkies. After inspection a report was submitted to the District Magistrate who in turn issued a notice dated 1.8.2003, a copy of which has been filed as Annexure -3 to the writ petition. The District Magistrate while serving a notice specifically mentioned therein that during the course of inspection the petitioner was found running a picture/cinema in the Priya Talkies whose license was cancelled long back.
(3.) IN defence, petitioner had admitted that licence of Priya Talkies was cancelled long back and it was belonging to petitioner's father. However, petitioner had denied the fact that he was running the cinema in the Priya Talkies. After considering the reply submitted by the petitioner, District Magistrate arrived to the conclusion that running of cinema in a picture hall having permanent structure violates the terms and condition of the licence. The petitioner was held liable to pay an amount of Rs. 23,500/ - as entertainment tax and Rs. 20,000/ - penalty.;