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2012 Supreme(Guj) 111

S.R.BRAHMBHATT
Cinepolistindia Pvt. Ltd. – Appellant
Versus
State of Gujarat Thro. Secretary – Respondent


Advocates:
Appearance :
Mr. K.S. Nanavati, Sr. Counsel with Mr. Nandesh Chudgar, for Nanavati Associates, for the Petitioners No. 1-2.
Shri P.K. Jani, Ld. GP with R.H. Rupareliya, AGP, for the Respondents No. 1-2.
Mr. Hemang H. Parikh, for the Respondents No. 3-6.
Mr. Rasesh H. Parikh, for the Respondents No. 3-6.

Judgment

S.R. Brahmbhatt, J.—Heard learned advocates for the parties.

2. Rule. Learned AGP waives service of notice of Rule on behalf of Respondent Nos. 1 and 2 and learned advocate Shri H.H. Parikh waives service of notice of Rule on behalf of Respondent Nos. 3 to 6. Rule is fixed forthwith, at the request of learned advocate appearing for the parties.

3. The petitioners by way of this petition have approached this Court under Articles 226 and 227 of the Constitution of India, challenging the orders dated 02.02.2012 and 16.02.2012 passed by the District Magistrate and State of Gujarat respectively in exercise of their respective powers under Rule 131(1) of the Bombay Cinema Rules, 1954 (hereinafter referred to as the “Cinema Rules” for the sake of brevity), and Section 9 of the Gujarat Cinemas (Regulation) Act, 2004 (hereinafter referred to as the “Cinema Act” for the sake of brevity),where under the petitioners’ license to exhibit cinema came to be suspended with immediate effect for a period from 03.02.2012 to 02.03.2012, with copy of the order be placed in their license file and it’s confirmation in appeal by the appellate authority i.e. State of Gujarat in exercise of appellate p














































































































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