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2009 Supreme(Pat) 688

NAVANITI PRASAD SINGH
Raj Kumar Singh Son Of Sri Baidnath Yadav – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. How licensing powers are abused in this State by supposedly responsible officers is clearly exemplified by this case? The reason for abuse cannot be discussed in these judicial proceedings.

2. Petitioner investing substantial money constructed a Cinema Hall with a permanent building. In terms of Section 13(a) of the Bihar Cinema Regulation Act and the Rules framed thereunder and with requisites certificates from the Fire Department, Police Department, Building Department and the Electricity Department made an application for grant of licence. Though, under Section 13(a) the District Magistrate, who is the licensing authority, has the authority to grant licence for a period not exceeding one year, for reasons which this Court cannot discuss, the licence was granted only for a period of three months, meaning thereby that after every three months the petitioner had to knock the door of the District Magistrate again and again. This went on from 2002 till the State Government directed the District Magistrate to renew the licence under Section 13(a) for a period of one year at a time. Now the problem starts. The licence was thus renewed under directions of the State Governmen









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