KODANDA TOURING TALKIES Vs. STATE

JUDGEMENT

(1.) The validity of sub-r. (2), R. 98, Karnataka Cinemas (Regulation) Rules, 1971 (to be hereinafter referred to as 'the Rules'), arises for our determination in the present Writ Petitions and Writ Appeals.

(2.) The Karnataka Cinemas (Regulation) Act, 1964, came into force in the State of Karnataka, on 15-3-1971. Section 19 of that Act empowered the State Government to make rules for carrying out the purposes of the Act. In exercise of such rule making power, the State Government made the Rules. Sub-rule (2) of R. 98, the validity of which is under challenge, was subsequently inserted in the Rules, by R. 11, Karnataka Cinemas (Regulation) (First Amendment) Rules, 1974. When that sub-rule was inserted in the Rules, a large number of touring cinemas exhibitors in the State challenged its validity, by filing Writ Petitions in this Court. Chandrashekar, J. (as he then was), who heard those Writ Petitions, dismissed them upholding the validity of that sub-rule, by his order Dt. 18-10-1974. The petitioner in Writ Petition No. 1660 of 1974, (reported in AIR 1975 Kant 37), who felt aggrieved by the dismissal of his Writ Petition by the said order, questioned its correctness by presenting Writ Appeal No. 102/75, which has now come up for our consideration. Other Writ Appeals, which have come up for our consideration, are those directed against the orders made by Learned single Judges of this Court following the decision in Lakshmi Touring Talkies (supra). The Writ Petitions, which have come up for our consideration along with the Writ appeals, are those referred by Learned single Judges for decision by a Division Bench on the ground that the validity of the sub-rule challenged in them, was already pending consideration in Writ Appeal No. 102/1975. Thus, the need to determine the validity of sub-r. (2), Rule 98 of the Rules, by us (the Division Bench) has arisen.

(3.) Sub-rule (2) of R. 98 of the Rules, the validity of which calls for our determination, reads thus :