Sabyasachi Bhattacharyya,J. - (1.)The petitioner has challenged an order dated September 25, 2020 passed by the Commissioner, Jalpaiguri Division, Jalpaiguri, acting as appellate authority under Section 5(4) of the West Bengal Cinemas (Regulation) Act, 1954 (hereinafter referred to as "the 1954 Act").
(2.)One Ramindra Singh (since deceased) was the owner of a cinema hall known as "Payel Theatres". Upon his demise, the petitioner (who is the daughter of late Ramindra Singh by his second wife), applied on January 13, 2016 for transfer of the licence in the name of her mother Smt. Tara Devi Singh and her younger brother Jasminder Singh jointly. On such application, the licensing authority, that is, the Additional District Magistrate (G) at Jalpaiguri, issued a provisional licence on June 20, 2018 in favour of the petitioner herself for running the said cinema hall temporarily for a period of 90 days from the date of the order, on fulfilment of the conditions as stipulated in the said order granting licence.
(3.)The petitioner challenged such grant of provisional licence, asking for permanent licence, before the Commissioner, Jalpaiguri Division, in an appeal bearing Case No. Misc./01/LMR/2018. The Commissioner, in the capacity of appellate authority under the 1954 Act, disposed of the said appeal vide Order No. 4 dated December 11, 2018, observing that neither the petitioner nor the contestant in the said appeal, namely, Smt. Satminder Kaur (respondent no. 4 herein) had been able to produce any succession certificate. However, the appellate authority affirmed the order of the Additional District Magistrate (G), Jalpaiguri granting provisional licence in favour of the petitioner.