K BASAPPA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS writ appeal is directed against the order of the Learned Single Judge dated 04. 10. 2002 dismissing the writ petition No. 19947 / 2002.

(2.) APPELLANT is an exhibitor of cinematograph shows in Kudithini village, Bellary Taluk. The second respondent made an application to the First Respondent for grant of No Objection certificate (NOC) to put up a temporary cinema talkies in survey No. 551/a/a 1 of Kudithini village. The First Respondent, by following the procedure prescribed under the Karnataka cinema (Regulation) Rules, 1971 ('the Rules' for short), issued NOC to the second respondent to put up a temporary cinema talkies by his order dated 14. 03. 2002 as per Annexure U to the writ petition and the licence dated 21. 05. 2002 as per Annexure Y1 to the writ petition. The appellant, being aggrieved by this grant of NOC by the First Respondent, filed W. P. No. 19947/2002 on the file of this Court. The Learned Single Judge by a reasoned order dated 04. 10. 2002 rejected the writ petition. Hence this writ appeal.

(3.) SRI B. G Sridharan, Learned Counsel for the appellant contends, that grant of NOC for temporary cinema talkies is governed by Rule 109 of the Rules. He contends, that a person who has already obtained NOC under Rule 105 for touring cinema alone is entitled for conversion to temporary cinema. He contends, that the second respondent is not the licence holder of touring cinema and as such, she is not entitled for NOC for a temporary cinema. The First Respondent has no jurisdiction to issue NOC for a temporary cinema. He contends, that under the Rules there is no scope for grant of temporary cinema licence. The Rules only provide for a conversion of touring cinema licence in to temporary cinema licence.