1975 (9) TMI 169

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.... theaters, in Andhra Pradesh. That Act has been extended to this Panchayat. On 25-9-1974 the licence was refused by the Executive Officer of the Panchayat. Its grant had been objected to by the Superintendent of Police as also two associations called Mitramandali and the Town Yuvajanasangham. But on appeal to the village Panchayat as provided in section 129 of the Panchayats Act a licence was granted on 1st October, 1974. The Mitramandali made a representation to the Chief Minister and the District Panchayat officer, the Deputy Superintendent of Police, the Superintendent of Police, the Tehsildar, and the Revenue Divisional officer also reported against the grant of licence. On 21st January 1975 the Additional District Magistrate issued a n....

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....radesh (Andhra Area) Places of public Resort Act enables the District Magistrate to call for and examine the record, of any proceeding taken under the Act, to call for any report in connection therewith, to make or cause to be made any further enquiry and to pass any order which the authority holding the proceeding might have passed. Under section 9 any authority granting a licence may for reasons recorded in writing, revoke or suspend the same when he has reason to believe: (a) that the licence has been fraudulently obtained; (b) that the enclosed place or building has been used for other purposes of public resort or entertainment than that for which the licence was granted; and (c) that the place or building can no longer be safely use....

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....ns which the District Magistrate took into account in revoking the appellant's licence were the same as those which were before the Village Panchayat when it decided to grant the licence. The revising authority is entitled on the same material to take a view different from that of the authority whose order is revised. But the main ground of attack against the order of cancellation is that in making it the district Magistrate had failed to observe the principles of natural justice. The order that the District Magistrate passed is a quasi- judicial order and therefore the appellant is right in contending that the principles of natural justice should have been followed before that order was passed. It is now well established by decisions ....