Judgement

SHELAT, J. : This appeal by certificate is directed against the judgment and order of the High Court of Gujarat quashing the order of suspension of a licence for sale of cinema tickets passed by the first appellant on February 28, 1961.

2. At all material times the respondent was carrying on and still carries on the business of exhibiting cinematographic pictures at Lakshmi Talkies in Ahmedabad and had obtained for that purpose a licence for sale of tickets which was valid upto December 31, 1960. On an allegation that through his manager and other employees he was indulging in sale of tickets contrary to the Bombay Cinema Rules, 1954, framed under the Bombay Cinema (Regulation) Act, XI of 1953 a notice dated June 14, l960 was served upon him to show cause why the said licence should not be suspended. On an inquiry having been held by the first appellant, that officer passed the impeached order suspending the said licence for a period of two months from the date of service of the order. But before the inquiry was completed and the said order passed, the period for which the licence was issued expired and an order renewing it for the next year, that is 1961, was passed on Dec