CHANNAGIRI RANGAPPA AND SONS Vs. DISTRICT MAGISTRATE CHITRADURGA

JUDGEMENT

(1.) The petitioner had applied to the District Magistrate Chitradurga, for grant of a 'No Objection' Certificate to construct a permanent cinema theatre on a site owned by him in Davanagere City. By his order embodied in the Endorsement dated 29-10-1966 (Ext.B), the District Magistrate rejected his application. In this petition under Art.226 of the Constitution the petitioner has prayed for quashing the said order of the District Magistrate. He has also prayed for quashing the order of the Government dated 26-10-1966 (Ext.H) directing that his application for grant of a 'No Objection' Certificate should be rejected. He has further prayed for a mandamus directing the District Magistrate (respondent 1) to issue him a 'No Objection' Certificate.

(2.) The principal contention of Mr. S. K. Venkataranga lyengar, learned Counsel for the petitioner, was that the order of the District Magistrate declining to grant a 'No Objection' certificate to the petitioner is unsustainable, as the District Magistrate did not himself exercise the discretion vested in him, but was guided by an outside authority, namely, the Government, which had no power to interfere with the exercise of his discretion. In order to appreciate this contention, it is necessary to set out the relevant statutory provisions.

(3.) The regulation of cinematograph exhibition in the old Mysore Area, Is governed by the Mysore Cinemas (Regulation) Act, 1952 (hereinafter referred to as the Act). Though the State Legislature has enacted the Mysore Cinemas (Regulation) Act, 1964 for the entire new State of Mysore, that Act has not yet come into force. Sec. 3 of the Act provides, inter alia, that save as otherwise provided In the Act, no person shall give exhibition by means of a cinematograph elsewhere than in a place licensed under the Act. Sec. 4 of the Act provides that the District Magistrate shall be the authority having power to grant licenses under the Act and he is designated as the Licensing Authority. Sub-sec. (1) of Section 5 reads: " 5(1). The Licensing Authority shall not grant a licence under this Act, unless it is satisfied that: (a) the rules made under this Act have been substantially complied with, and (b) adequate precautions have been taken in the place, in respect of which the licence is to be given to provide for the safety of persons attending exhibitions therein. Sub-sec. (2) of S.5 provides that subject to the provisions of this section and to the control of the Government, the Licensing Authority may grant licenses under the Act to such persons as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine. Sub-sec. (3) of S.5 provides for an appeal from the decision of the Licensing Authority to the Government or such officer as may be specified in this behalf by the Government. Sub-sec. (1) of S.9 empowers the Government to make rules to carry out the purpose of the Act. Sub-sec. (2) of S.9 provides that without prejudice to the generality of the foregoing power, such rules may, inter alia, prescribe the terms and conditions and restrictions, if any, subject to which licenses may be granted under the Act, Sec.11 repeals the Cinematograph Act, 1923, (hereinafter referred to as the old Act).