STATE OF PUNJAB AND ANOTHER versus HARI KRISHAN SHARMA

STATE OF PUNJAB AND ANOTHER versus HARI KRISHAN SHARMA

Section 5(2) of the Act confers wide supervisory powers on the State Government, including the ability to issue general instructions and exercise revisional power, but does not empower it to assume the original jurisdiction of the licensing authority or require all applications to be forwarded to it for orders in the first instance. Statutory scheme demands that licensing authority handle applications first, subject to appellate or revisional control.

Parties
Appellant: State of Punjab; Appellant: Sub-divisional Officer, Jhajjar; Respondent: Hari Krishan Sharma
Jurisdiction
India
Judgment Date
09 December 1965
Procedural Posture
Civil Appeal by Special Leave / Supreme Court Appeal From Punjab High Court Order in Civil Appeal Writ No. 1100 of 1959
Outcome
appeal dismissed
Legal Topics
Licensing Under Regulatory Statutes, Government Control Over Subordinate Authorities, Jurisdiction of Administrative Bodies
Administrative Law Statutory Interpretation Licensing Under Regulatory Statutes Government Control Over Subordinate Authorities Jurisdiction of Administrative Bodies

Case Brief

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Parties

State of Punjab

Appellant

Sub-divisional Officer, Jhajjar

Appellant

Hari Krishan Sharma

Respondent

Procedural Posture

Civil Appeal by Special Leave / Supreme Court Appeal From Punjab High Court Order in Civil Appeal Writ No. 1100 of 1959

Legal Issues

  1. 1 Interpretation of Section 5(2) of the Punjab Cinemas (Regulation) Act, 1952: scope of State Government's control over the licensing authority
  2. 2 Whether the State Government can require all applications for cinema licenses to be forwarded to it for orders, thus usurping the functions of the licensing authority

Ratio Decidendi

Section 5(2) of the Act confers wide supervisory powers on the State Government, including the ability to issue general instructions and exercise revisional power, but does not empower it to assume the original jurisdiction of the licensing authority or require all applications to be forwarded to it for orders in the first instance. Statutory scheme demands that licensing authority handle applications first, subject to appellate or revisional control.

Court Disposition

appeal dismissed

Orders

  • Order made by State Government held void, ineffective, invalid, and not binding.
  • Mandamus issued requiring licensing authority to deal with respondent's application in accordance with law.