B S MANJUNATH Vs. DIVISIONAL COMMISSIONER BANGALORE

JUDGEMENT

(1.) Though the petitions are listed for orders, by consent of both the counsel for the parties, the petitions are taken up for final hearing. Whether the District Magistrate is empowered to transfer the licence issued under the provisions of the Karnataka Cinemas (Regulation) Act, 1964 (for short 'the Act') from the name of the licensee to the name of a third person, without any application being filed by the licensee for permission to transfer? is the question that arises for the consideration of the court in these petitions.

(2.) Sri Vinayaka Talkies, Gounapalli village, Srinivasapura Taluk, Kolar District, is located in (old Sy. Nos. 15/4 and 15/6) new V.P. Khate No. 43/1 and K.S. 444 of Gounapalli village. Originally these lands belonged to one Gangaiah, the father of the petitioner in W.P. Nos. 33055 and 33056 of 1993.

(3.) That, in the year 1977-78, the second respondent issued 'No objection certificate' in the name of G. Ramakrishna, son of Gangaiah, for construction of a cinema theatre in the said land. Since construction was not completed within the period prescribed, it was extended by the competent authority. That, after 'no objection certificate' was issued by the District Magistrate and when the construction was in progress, Gangaiah sold the said site measuring east-west 43.60 mtrs. and north-south 75.40 mtrs. in favour of M.S. Rama Mohan for a sum of Rs. 20,000/- under a registered sale deed dated 13-4-1987. A copy of the said sale deed is produced at Annexure 'J' in W.P. No. 33055 of 1993. By registered sale deed dated 20-4-1987 Sri M.S. Rama Mohan sold the aforesaid property and also another site measuring east-west 17 mtrs. and north-south 20 mtrs. bearing Khate No. 246 K.S. Nos. 442-443 in favour of Riaz Pasha for a sum of Rs. 30,000/-. That on the same date the said Riaz Pasha sold the eastern portion of Khate No. 43/1 K.S. No. 444 measuring east-west 13.08 mtrs. north-south 22.62 mtrs. in favour of M.S. Rama Mohan and M.S. Nagaraj for a sum of Rs. 10,000/-. That, by registered sale deed dated 25-8-1988 Riaz Pasha sold the entire property purchased by him from M.S. Rama Mohan under the registered sale deed dated 20-4-1987 and also a house bearing Khaneshmari No. 98, Gounapalli village in favour of B.S. Manjunath the petitioner in W.P. No. 33010 of 1993 for a sum of Rs. 1,50,000/-. It appears there is an agreement of reconveyance executed by B.S. Manjunath in favour of Riaz Pasha. That during the aforesaid transaction, the cinema theatre which is under construction came to be completed and the District Magistrate issued a licence for exhibition of cinematograph films in the name of G. Ramakrishna by licence dated 3-3-1989 till 31-12-1989.