LAXMI CHITRA MANDIR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) ORDER dated 24.05.2012, passed by the Deputy Commissioner, Bijapur vide Annexure-AJ is challenged in this writ petition.

(2.) AS per the impugned order the request made by the petitioner to renew the license of M/s Laxmi Chitra Mandir at Muddebihal of Bijapur District, to exhibit the cinematographic films has been rejected on the ground that one Ajay Laxman Bhosale had objected for renewal of the same stating that the property in question in which the cinema theatre is established does not exclusively stand in the name of the petitioner or its partner Sri Sambhaji S/o Annaji Bhosale and that the other members of the joint family had share in the same. The Deputy Commissioner has come to the conclusion that in the absence of the consent given by the other co-owners of the property and in the absence of the petitioner establishing that the theatre in question was in his lawful possession, the petitioner has to obtain necessary orders from the Civil Court regarding their title in respect of the property. Reference is also made by the Deputy Commissioner to the suit in O.S.No.71/2001 and the appeal filed against the judgment rendered in the said suit in R.A.No.175/2012 (wrongly mentioned in the impugned order as 175/2010).

(3.) IT is the contention of the Counsel for the petitioner that as the petitioner has been given the license to run the theatre and as the dispute on the civil side is pending before the Appellate Court, no injury or harm will be caused to the interest of the members the joint family, if the license is renewed in favour of the petitioner. It is further contended that if the theatre is closed and the business is not permitted to run, it will cause serious prejudice and loss to the firm and to the interest of the persons, who claim rights in the property.