SIDDANANJAPPA R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioner has challenged order No. HD 44 CNL 84 dated 10.10.1984 (Annexure-D) of Government.

(2.) On 6.12.1980 the petitioner made an application before the District Magistrate, Bangalore District, Bangalore (DM') for grant of a 'No Objection Certificate' (NOC') under the Karnataka Cinemas (Regulation) Act of 1964 and the Karnataka Cinemas (Regulation) Rules of 1971 ('the Aet and the Rules') for locating a touring cinema on Sy. No. 186 of Koramangala village, Bangalore South Taluk. On receipt of the said application, the DM duly notified the same calling for re-representations and objections in response to which respondents 3 and 4, the applicants in LA. No. I and some others filed their objections opposing the NOC on diverse grounds. On an examination of the objections filed and the reports received by him, the DM by his order dated 29.6.1981 rejected the same, which on an appeal filed by the petitioner was affirmed by the Divisional Commissioner, Bangalore Division, Bangalore ('Commissioner') on 15.12.1981.

(3.) In Writ Petition No. 3204 of 1982 the petitioner challenged the aforesaid orders of the Commissioner and the DM before this Court. On 15.3.1984 (Annexure-A) this Court allowed the said writ petition and remitted the case to the DM for fresh disposal. In pursuance of the said order of remand, the DM inspected the area, heard the parties and by his order dated 21.7.1984 (Annexure-C) granted the said application and issued an NOC to the petitioner under the Act.