MAHAVEER TOURING TALKIES Vs. MAGISTRATE MANDYA

JUDGEMENT

(1.) As common questions of law arise for determination in these cases, I propose to dispose of them by a common order.

(2.) In exercise of the powers conferred by the Karnataka Cinemas (Regulation) Act of 1964 (hereinafter referred to as the Act) Government of Karnataka has framed the Karnataka Cinemas (Regulation) Rules, 1971 (hereinafter referred to as the Rules) which came into force from 15-3-1971.

(3.) Part IV of Chap. XII of the Rules regulate the grant of 'No Objection Certificate (hereinafter referred to as the NOC), licences and re-grant of licences to touring cinemas. Rule 98 as originally framed, did not provide for stoppage of licences granted to touring cinemas. But, by notification No. GSR 130 dt.16-4-1974, a new sub-rule was added to Rule 98 regulating the stoppage of touring cinemas for a period of one month and the same which is material reads thus :- No licence in respect of a site shall be granted or re-granted continuously for a period exceeding one year unless one month has lapsed after the expiry of said period of one year". The validity of this rule was challenged before this Court by several touring cinema operators and Chandrashekhar, J. (as he then was) on 18-10-1974 upheld validity since reported as Sri Lakshmi Touring Talkies v. State of Karnataka, AIR 1975 Kar 37 which has been affirmed by a Division Bench of this Court consisting of Venkatachala and Lakshmeshwar, JJ. on 17-4-1984 in Sri Vinayaka Touring Talkies v. State of Karnantaka (Writ Appeal No.102 of 1975 and connected cases). So far as this Court, the validity of R.98(2) thus stands concluded.