Nitish Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17665 of 2009 ====================================================== Nitish Kumar S/O Late Chandranand Jha R/O Vill-Manihari, P.S- Manihari, Distt- Katihar .... .... Petitioner/s
Versus
1. The State Of Bihar Through The Secretary Art & Culture Govt. Of Bihar, Old Secretariat, Patna
2. The District Magistrate Khagaria, Distt- Khagaria
3. Cinema Magistrate Khagaria , Distt- Khagaria
4. Sub Divisional Officer Gogari, Distt- Khagaria .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 19-01-2015 No one appears for the petitioner.
Mr. Dronacharya, learned counsel for the private respondents is present.
The prayer of the petitioner in this writ application reads as follows:- "For a direction to the respondent no. 4 to open the seal room of the projector of Amar Jyoti Cinema Hall, Jamalpur Gogari as per the direction of respondent no. 2 dated 24.11.2008.
For a direction to the respondents to issue the license of exhibition of Cinema in a Hall which fulfills all the criteria for issuing the license."
Bereft of all the niceties, this writ application is only by way of seeking a direction to open the sealed room of projector of cinema hall as also to issue license
Patna High Court CWJC No.17665 of 2009 (7) dt.19-01-2015 of the execution of cinema hall in favour of the petitioner if the petitioner, does not have license in his favour to run cinema business he cannot be allowed to run cinema.
In that view of the matter, the seizure of projector being allegedly used by the petitioner in running the cinema business cannot be faulted either in fact or in law.
As with regard to the inter parte issue between the petitioner and respondent no. 5 since the issue is pending before the Civil Court, Khagaria, where a title suit is pending between the parties, as a result whereof the cinema business has been closed, this Court is not required to say anything.
That being so, this writ application has become infructuous and is, accordingly, dismissed.
(Mihir Kumar Jha, J) Ranjan/- U