KAMAKANYADEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the correctness of the order dated 10-1-1978 passed by the State Government in No. HD. 250 CNA 77 rejecting the application dated 9-11-1977 filed by the petitioner seeking exemption under Sec. 20 of the Karnatak Cinemas (Regulation) Act, 1964 (hereinafter referred to as the Act) from the operation of Rule 27 (2) (4) of the Karnataka Cinemas (Regulation) Rules 1971 (hereinafter referred to as the Rules), for location of a sound proof cinema theatre on the site bearing No. 27/7 of Maratha Ranoji Rao Lane, Kalasipalyam New Extension, Dn. 39, Bangalore-5.

(2.) At the outset, Sri H. B. Datar, the learned Counsel for the petitioner, submitted that since the date of rejection of the application, several developments have taken place in the Division in which the site in question is si turned ana in the light of the changes that have taken place, the petitioner intends to make a fresh application before the Government for exempting the site in question from the operation of Rule 27 (2) (4) of the Rules It was also further submitted by the learned Counsel that it is always open for the State Government to take into consideration the changed, circumstances for the purpose of Exerasing the power of exemption S.20 of the Act, reads as follows:

(3.) Thus, in the instant case, if as submitted by the learned Counsel appearing for the petitioner, there is any change in the circumstances enabling the petitioner to seek exemption of the site from any of the provisions of the Act and the Rules, it is open for the State Government to consider such an application to be made by the petitioner on its merits and without reference to the order dated 10-1-1978 passed by the State Government in No. HD 250 CNA 77 challenged in this writ petition.