H C BHOGEGOWDA Vs. DIST MAGISTRATE MANDYA

JUDGEMENT

(1.) On an application made by the petitioner for locating a semi-permanent theatre on site bearing No. 633 of Halgur village, Malavalli Taluk, Mandya District, the District Magistrate, Mandya District, Mandya (D. M.) complying with the requirements of the Karnataka Cinemas Regulation Act, 1964 and the Rules framed thereunder (the Act and the Rules), issued him a No Objection Certificate (NOC) on 16-3-1981 (Annexure-A) for locating a semi-permanent theatre on the said site. Against the said NOC granted by the D. M., two of the objectors filed a revision petition before Government under S.18 of the Act and obtained its stay. On 5-2-1982 Government dismissed the said Revision Petition (Annexure-B).

(2.) Without any loss of time thereafter, the petitioner produced the necessary building plans as required by R 111-M of the Rules, before the D. M. seeking for his prior approval for the same to commence the construction of the building. But somewhat regretfully, the D. M. did not attend to the same with the speed and despatch he is expected to and even to this day, has not approved and returned the same. In the meanwhile, the period specified in the NOC was due to expire and, therefore, the petitioner approached the D. M, to extend the validity of the NOC, who on 15-9-1984 has rejected the same (Annexure-C). In this petition under Art.226 of the Constitution, the petitioner has challenged the said order of the D. M. (Annexure-C).

(3.) Sri B. G. Sridharan, learned counsel for the petitioner, strenuously contends that the D. M. has committed a manifest illegality in insisting on performance of what was impossible of performance and declaring that the NOC had lapsed for such non-performance.