Judgment 1. This writ petition has been preferred by private limited company and its Managing Director, who is also a shareholder of the company, challenging the validity of the order contained in memo no.2737, dated 11.11.99 (Annexure 3), whereby the cinema hall owned by the petitioner company has been directed to close down its business of exhibiting films for the general public until further orders. 2. Exhaustive arguments have been advanced on behalf of the petitioners as well as the licensing authority, and I must give credit to the learned counsel for their lucid and exhaustive arguments. During the course of arguments, learned SC II informed the Court that the petitioner company has approached the licensing authority with sincerity of purpose to rectify the defects to the complete satisfaction of the licensing authority and with the further undertaking not to repeat the same in future. Learned SC II has also placed before me photocopies of two letters exchanged between the parties showing inclination to withdraw the writ petition, in the event of which the impugned order shall automatically stand withdrawn, but subject to the condition that the petitioner company shall rectify all the defects mentioned in the show cause notice/contained in memo no. 2272, dated 16.9.99 (Annexure 1), within a fixed period. 3. Accordingly, Mr. Navanit Prasad Singh, learned counsel for the petitioners seeks to withdraw this writ petition, and Mr. A.P.Jittu, SC II on instruction withdraws the impugned order (Annexure 3), with immediate effect. The petitioners shall be allowed To operate the cinema hall from tomorrow i.e. 27.11.1999. Although learned counsel for the petitioners submits that the petitioners have fully rectified all the defects pointed out in the aforesaid show cause notice dated 16.9.99 (Annexure 1), but learned SC II disputes the position. In such circumstances, the petitioners are given one more opportunity to rectify all the defects within a period of seven days with effect from tomorrow (27.11.1999), which is subject to the direction in the following paragraph hereinbelow. 4. Learned SC II invited my attention, in particular to defect no. (4), occuring in the aforesaid show cause dated 16.9.99 (Annexure 1), which is set out hereinbelow for the facility of quick reference : Learned counsel for the petitioners has invited my attention to letter no.
4. Learned SC II invited my attention, in particular to defect no. (4), occuring in the aforesaid show cause dated 16.9.99 (Annexure 1), which is set out hereinbelow for the facility of quick reference : Learned counsel for the petitioners has invited my attention to letter no. 401, dated 17.7.99 (Annexure 7), which was also an annexure to the cause shown by him before the licensing authority which, in his submission, is to the effect that the posters meant for the film "Cave Girl island" was duly certified for advertisement purpose. Therefore, the objection being taken by the licensing authority is, unmerited. He further submits that if the scene occurs in the film itself which has been duly certified by the Censor Board, then such an action on the part of the licensing authority would be tantamount to sitting in judgment over the decision of the Censor Board. Learned SC II further submits that the said certificate issued by the Censor Board for the film certified by Annexure 8/A itself stipulates that exhibition of the said film is restricted to adults only, i.e. persons below 18 years of age shall not be allowed admission to the theatre. In his submission, therefore, it is only adults who can have look at the particular scene because they alone are entitled to admission in the Hall, whereas such advertisement is exposed to the view of persons below the age of 18 years. I am impressed by the ingenious argument of learned SC II, and the objection is sustained. In such circumstances, this Court directs that all objectionable, advertisements, particularly in a given situation like the present one where the film has been certified for adults only, shall not be displayed for advertisment purposes. 5. In the circumstances this writ petition is permitted to be withdrawn with the direction that the petitioners shall rectify all the defects to the complete satisfaction of the licensing authority within a period of seven days failing which the authorities shall have the full liberty to initiate fresh action in accordance with law. The impugned order accordingly stands revoked with immediate effect. The petitioners shall be entitled to operate the cinema hall with effect from tomorrow i.e. 27.11.1999. 6. Let copies of this order be handed over to the learned counsel for the parties today itself.