(1.) At Virthur village, Bangalore South Taluk, Bangalore District, the petitioner has constructed a permanent Cinema theatre in accordance with the terms and conditions of the No Objection Certificate granted thereto and the building plan approved thereto under the Karnataka Cinemas Regulations Act 1964 (hereinafter referred to as the Act) and the Rules made thereunder.
(2.) Addmittedly the approved building plan provided for installing 729 seats of three different classes on 217, 361 and 151 seats in conformity with which that number of seats were installed by the petitioner in the aforesaid theatre. On being satisfied with that and other requirements of the Act and the Rules, the District Magistrate, Bangalore (hereinafter referred to as the DM) issued a licence to the petitioner for exhibiting films which is being renewed from time to time.
(3.) On or about 30.3.1983, the petitioner applied to the D.M. for according his permission to reduce the seats from 729 to 351 of different classes as set out in his application (Annexure-B). On 16.6.1984, the D.M. has rejected the same on the sole ground that Rule 49 would be violated (Annexure-C). In this petition under Article 226 of the Constitution, the petitioner has challenged the said order of the D.M. and has sought for a mandamus to him to grant his application.