MALLIKARJUNA GOWDA Vs. DEPUTY COMMISSIONER SHIMOGA

JUDGEMENT

(1.) These cases had been posted before me to-day for final hearing. But, in all of them the respondents, though duly served, had remained absent and unrepresented. At my direction Sri M. R. Achar, learned Government Advocate takes notice for the respondents in all of them who is permitted to file his memo of appearance for them within one month from this day.

(2.) As common questions of law arise for determination in all these cases, I propose to dispose of them by a common order.

(3.) The petitions are holders of touring cinema licences issued by the District Magistrates of the Districts (D.MS) under the Karnataka Cinemas (Regulation) Act of 1964 ('the Act') and the Karnataka Cinemas (Regulation) Rules, 1971 ('the Rules') for exhibiting films in touring talkies at the places mentioned in the respective licences. Before the expiry of their respective licences, the petitioners approached the DMs under Rule 105 of the Rules for re- grant of their respective licences annexing the certificates required by the rules. On those applications, the DMs in some cases granting time have directed the petitioners to change the roofings of their theatres by 'light roof, 'zino sheets' or 'asbestos sheets' roofs as a condition precedent to the consideration of those applications, the validity of which is challenged by them in these petitions under Article 226 of the Constitution.