CHANNAMALLAPPA M VIJAPUR Vs. DISTRICT MAGISTRATE DHARWAD

JUDGEMENT

(1.) This writ petition has been listed for direction on LA. III. In LA. III the direction has been sought to the effect that this Hon'ble Court may be pleased to issue a direction to the respondent 1 not to renew the licence under Karnataka Cinemas Regulation Act and Rules framed thereunder to second respondent-partnership firm which has stood dissolved on the death of the partner and if it has been issued, it is to be revoked. He further sought the direction to be issued to respondent 1, the licensing authority to take note of the death of licensee and to take suitable action in the matter of renewal of cinema licence in favour of second respondent in the interest of justice.

(2.) In the writ petition, the petitioner has claimed the relief of declaration of the order of Divisional Commissioner dated 7-2-1991 to be illegal and void. The petitioner has clearly claimed the relief of prohibiting the respondent 1, District Magistrate, Dharwad, from entertaining the application of respondent 2 for temporary permit under Section 85 of the Karnataka Cinemas Regulation Rules, 1971 as well as to stay further proceedings in pursuance of Annexure 'F', dated 7-2-1991 with the direction to respondent 1 not to issue temporary permit to respondent 2 and to pass a further order or direction declaring the order of the District Magistrate dated 15-11-1990 as per Annexure 'G', in its entirety to be illegal and void. A reading of the two reliefs per se shows that in the interim relief application also the relief which has been claimed by the applicant-petitioner is of same nature and is of the same scope as the one that has been claimed under the writ petition, except some change of the language. But the impact of granting interim relief would be the same law as amounting to granting or allowing it in the writ petition before its full-fledged hearing and decision.

(3.) Taking note of the above situation, the parties' counsels desired that the writ petition may be disposed of finally and argued the writ petition itself.