SWASTIK ENTERPRISES Vs. DIST MAGISTRAE BANGALORE

JUDGEMENT

(1.) On 6th August 1969, the petitioner filed an application for grant of ' No Objection Certificate" for the purpose of constructing a permanent onema theatre at Hcskote. Then the Mysore Cinematograph Rules, 1946 which I shall refer to as "the old rules" were in force. When the application was pending consideration, the old Rules were repealed by Karnataka Cinemas (Regulation) Rules. 1971, which I shall shortly call as "the new rules". The statutory authorities dismissed the application by applying the principle set out under the old rules. The question raised in this writ petition is whether the said application should have been disposed of by the procedure provided under the old rules, or by the principles set out under the new rules.

(2.) By Rule 117 of the new rules, the old rules were repealed providing thereunder that the said rules shall not affect the previous operation of the old rules and the principles of S. 6 of the Mysore General Clauses Act, 1899. S. 6 of the General Clauses Act, 1899, so far as it is relevant, provides:

(3.) Now, in the present case, in the absence of any accrued right or privilege, neither the petitioner could demand that its application should be disposed of in accordance with the old rules, nor the authorities could gay that the new rules cannot be applied to his case. The rules provide only the procedure for the grant of "No Objection Certificate". The application of the petitioner, therefore, should have been disposed of in accordance with the rules in force at the time of its disposal. The Divisional Commissioner and the District Magistrate were therefore in error in not following the new rules.