K M ABBAIAH REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two writ appeals are presented against the same order of the learned Single Judge allowing the writ petition presented by the third respondent in W. A. No. 369 of 1985 who is respondent No. 1 in W.A.. No. 2587 of 1985, setting aside the order of the State Government cancelling the No Objection Certificate ('NOC' for short) for construction of a touring cinema building on a site situated in the Koramangala extension of the City of Bangalore. W.A.. No. 369 of 1985 is by persons who were objectors to the grant and W.A.. No. 2587 of 1985 is by the State.

(2.) For the sake of convenience, we shall refer to the parties in Writ Appeal No. 369 of 1985.

(3.) The facts of the case, in brief, are as follow : Respondent No. 3 made an application before the District Magistrate, Bangalore, under Rule 90 of the Karnataka Cinemas (Regulation) Rules ('the Rules' for short) framed under the provisions of The Karnataka Cinemas (Regulation) Act, 1964 ('the Act' for short), for the grant of a 'No Objection Certificate' on the site in Koramangala Extension of the City of Bangalore. The appellants who are residents of the locality objected to the grant of NOC, on the ground that the site was situate in the midst of a residential locality and the granting of NOC therefore would be in violation of Rule 27(1) (i)(a)(vi) of the Rules. The District Magistrate, who is the licensing authority, by his order dated 29-6-1981 rejected the application. Against the said order, respondent No. 3 filed an appeal before the Divisional Commissioner under Section 10 of the Aet. The appeal was dismissed by order dated 15-12-1981. Aggrieved by the said order, respondent No. 3 filed an earlier Writ Petition No. 3204 of 1982. The writ petition was allowed on the ground that the District Magistrate had not examined the relevant material with reference to the relevant rules. The operative portion of the order is paragraph 13. It reads :