SIDDAMMA MALLAPPA MANAGULI Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) THE petitioner herein has challenged the Government Order dated 9-9-2003, copy at annexure-'c' to writ petition, in passing whereof, the respondent No. 1 -State had granted exemption from the application of the provisions of Rule 27 (2) (a) (ii) of the Karnataka Cinemas regulations Rules, 1971, in favour of the respondent No. 3. The said exemption was granted by exercising powers vested in it under Section 20 of the Karnataka Cinemas (Regulation) Act, 1964.

(2.) THE brief facts of the case are as hereunder: the respondent No. 3 has applied for grant of no objection certificate for establishing a permanent cinema in property bearing TMC No. 752/8 in Sindagi town, before the respondent no. 2-District Magistrate, as required under Rule 26 of the Karnataka Cinemas (Regulation)Rules, 1971 (for short hereinafter referred to as the Rules ). That the respondent No. 1 - State had earlier issued what was termed by it as notification, for relaxtaion of the provisions of Rule 27 (2) (a) (ii ). The said notification came to be challenged by the petitioner in filing W. P. No. 22208/2002 before this Court. At the same time, the respondent no. 3 had filed Writ Petition No. 26806/ 2002, wherein he had challenged the rejection of the noc by the respondent No. 2, copy at Annexure-'j' to that writ petition. Both the said petitions were heard commonly by the Learned Single Judge of this Court and the Learned Single Judge had passed common order in both the WPs. The orders passed therein are as follows:

(3.) FURTHERMORE, there was proceeding in Writ Appeal No. 3012/ 2002 filed against the order passed in Writ Petition No. 46372/2001. While allowing the appeal, the Division Bench had passed the orders as follows: