M/S. Jaganmohini Talkies, v. State Of A.P.

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12848 of 2011 Date:22.06.2015 Between:

M/s.Jaganmohini Talkies, a Partnership Firm, Rep by its Partner, Smt.P.V.V.S.Suguna and others. .... Petitioners And State of Andhra Pradesh, represented by Secretary (Home), Secretariat Buildings, Hyderabad and others.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12848 of 2011 ORDER:

This writ petition was filed assailing the order dated 05.07.2010 of the Joint Collector, East Godavari District, cancelling the Form-B Cinema Theatre Licence issued to the 1st petitioner Partnership Firm as well as the order of the State of Andhra Pradesh confirming the same vide G.O.Ms.No.75, Home (General.A) Department, dated 28.03.2011.

Perusal of the orders under challenge demonstrates that there was litigation amongst the members of the 1st petitioner Partnership Firm and there was no partnership deed in existence which could be acted upon.

In that view of the matter, this Court sees no reason to interfere with the cancellation of the licence by the authorities. Sri T.Bala Swamy, learned counsel for the petitioners, would however submit that liberty may be given to his clients to apply afresh for grant of licence in accordance with rules, duly producing an extant partnership deed.

In the light of the submission made, the writ petition is dismissed leaving it open to the petitioners to apply afresh for a licence in accordance with law. In the event such an application is made, the same shall be considered on its own merits without reference to the earlier cancellation.

Pending Miscellaneous Petitions shall also stand closed, in the light of this final order. No order as to costs. ____________________ SANJAY KUMAR, J Date:22.06.2015

GJ