IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.135 of 2009
Arjun Kumar Petitioner
Vrs.
The state of Jharkhand anr. Respondents
CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the petitioner : Mr. M.M. Prasad
For the respondents : Mr. R. Krishna, Sr. S.C.-I
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02/21.01.2009
The present writ petition has been preferred to quash the letter
No.1126 dated 21.11.2008 issued by respondent No.2. It has further
been prayed for issuance of a writ of mandamus to issue a direction to
renew the licence for showing pictures in video hall of the petitioner.
The main contention raised by the petitioner is that demand of
occupancy certificate vide letter dated 21.11.2008 is illegal and arbitrary,
however, he has not been able to show as to how it is illegal and
arbitrary. He has also referred to letter No.1 Est./Cinema-1-1095/90-2415
dated 20.6.1990 vide which according to him, requirement of Rule 13 B of
the Bihar Cinema Regulations Rule, 1974 has been suspended. As per
Rule 13-B licence is granted only for a period of one year and beyond one
year the holder of the licence has to obtain a permission to construct a
permanent Cinema Hall.
Be that as it may, the impugned issued in the letter dated
21.11.2008 is to produce the occupancy certificate for consideration of
grant of licence which is a policy decision in accordance with the rules
being uniformly applied. No case has been made out of discrimination or
double standard.
Considering the aforesaid facts and circumstances of the case, this
writ petition is dismissed. However, it goes without saying that if the
petitioner fulfils all the required conditions, his case can be considered on
its own merit for grant of licence.
(Ajit Kumar Sinha,J.)
NKC