Santanu Kumar Sahu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC NO.5042 OF 2022 Santanu Kumar Sahu & anr.
....
Petitioners Mr.R.K.Rout, Adv.
-versusState of Odisha & ors.
....
Opposite Party(s) Mr.U.K.Sahoo, ASC
CORAM:
JUSTICE BISWANATH RATH
ORDER
24.2.2022 Order No.
01.
1.
Heard learned counsel for the Parties.
2.
By this Writ Petition, the Petitioners have made a claim in respect of renewal of licence of Sradhanjali Talkies, Phulbani, vide Annexure-20 in favour of Sri Anil Kumar Behera. 3.
Referring to the present renewal of licence in favour of O.P.3, drawing attention of this Court to a bunch of documents and number of litigations, Sri Rout learned counsel for the Petitioners claimed that when the cinema hall involved is under a partnership, there should not have been grant of renewed licence in favour of either the Managing Director or any individual. On the query of the Court to at least show a single document that in the previous occasion, there has been renewal of licence of the cinema hall in the
// 2 // name of the partnership, drawing attention to the document at Page55 of the Brief, learned counsel for the Petitioners attempted to satisfy this Court that the particular document being a previous licence is an indicator of licence in favour of the partnership though it has been addressed to the Managing Partner. Considering there is a dispute in the manner of grant of cinema hall licence in favour of O.P.3, reading through Annexure-5, this Court finds, a communication was made to Anil Kumar Behera being the Managing Partner. It is undisputedly in favour of an individual. There is no indication whatsoever therein that this is a communication to the partner of the cinema hall. 4.
For the above observation, this Court is unable to appreciate the claim of the Petitioners that the cinema hall since involved a partnership firm, there is no provision for providing cinema hall licence in favour of an individual. This Court does not find strength in the Writ Petition, which is dismissed accordingly. If the Petitioners have any other unresolved dispute, they may avail the opportunity before the Competent Authority.
(Biswanath Rath) Judge M.K.Rout