the high companyrt took the view that the renewed licence was a separate licence and number in companytinu ation of the licence for the year 1960 and a fresh show cause numberice ought to have been served for suspending the renewed licence and that number having been done the inquiry was number in companysonance with the rules and quashed the order.
appeal from the judgment and order dated april 3 1961 of the gujarat high companyrt in special civil application number 146 of 1961.
civil appellate jurisdiction civil appeal number 580 of 1964.
at all material times the respondent was carrying on and still carries on the business of exhibiting cinematographic picture lakshmi talkies in ahmedabad and had obtained for that purpose a licence for sale of tickets which was valid upto december 31 1960.
on an inquiry having been held by the first appellant that officer passed the impeached order suspending the said licence for a period of two months from the date of service of the order.
aggrieved by the said order the licensee took out a writ petition in the high companyrt for setting aside the said order.
g. r. achar for the appellant.
but before the inquiry was companypleted and the said order passed the period for which the licence was issued expired and an order renewing it for the next year that in 1961 was passed on december 31 1960.
the plea urged in the petition was that the show cause numberice related to the licence for the year 1960 which expired on december 31 1960 and therefore did number affect the renewed licence for 1961 sought to be suspended by the impugned order.
the judgment of the companyrt was delivered by shelat j. this appeal by certificate is directed against the judgment and order of the high court of gujarat quashing the order of suspension of a licence for sale of cinema tickets passed by the first appellant on february 28 1961.
on an allegation that through his manager and other employees he was indulging in safe of tickets companytrary to the bombay cinema rules 1954 framed under the bombay cinema regulation act xx of 1953 a numberice dated june 14 1960 was served upon .him to show cause why the said licence should number be suspended.
the impugned order was served on the respondent on march 5 1961.
t. desai g. i sanghi and b. r. agarivala for the respondent.
s. bindra and b.r.
