LAXMI TOURING TALKIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are exhibitors of touring cinemas. They had been granted licences for running touring cinemas in different places. They had applied for re-grant of such licences for continuing to run the touring cinemas in those respective places. The licensing authority declined to re-grant such licence to the petitioner in WP.4219 of 1974. The applications of other petitioners for re-grant of their respective licences, are pending before the Licensing Authority.

(2.) In these petitions under Art.226 of the Constn, the petitioners have prayed for striking down Rules 11 and 16 of Karnataka Cinemas (Regulation) (First Amendment) Rules, 1974 (hereinafter referred to as the Amendment Rules), as unconstitutional. The petitioner in WP.4219 of 1974 has also prayed for quashing the order of the Licensing Authority declining to rergrant the licence to him. The petitioners have also, prayed for issue of mandamus directing the Licensing Authorities to consider and decide, their applications for re-grant. of licencep, without applying Rule 16 of the Amendment Rules.

(3.) Before dealing with the rival contentions of the learned Counsel in these petitions, it is useful to sell out the relevant provisions o f the Karnataka Cinemas (Regulation) Act, 1964 (hereinafter referred to as the Act), and Rules made thereunder.