NARASOJI RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) Messrs Narsoji Rao and Brothers, the petitioner before us, applied for the grant of a no-objection certificate before the District Magistrate, Chitradurga, for running a touring cinema on a site belonging to them. When objections were invited, respondents 3 to 5 before us filed objections. The objections were overruled and a certificate was granted.

(2.) The respondents filed a revision petition before the Government against the order granting the no-objection certificate. That was on 21-3-73. The petitioner apprehending that there would be an ex parte order of stay, appeared suo/motu on the same day before the Government and opposed the grant of stay. He also filed his objection statement. On that day. no interim order was passed but the records were called for On 21-4-1973, Counsel for the revision petitioners moved the Home Minister who, without any notice to the petitioner before us, granted the stay. The said order is challenged in this petition. The above facts are not disputed by the Counsel for respondents 3 to

(3.) It is, threfore, plain that the impugned order is violative of the rules of natural justice and therefore calls to be struck down. In the result, we allow the petition, quash the impugned order dated 21-4-1973 Exhibit B. The petitioner is entitled to his costs from respondent 1. Advocate's fee Rs.100.