RAGHAVENDRA TOURING TALKIES Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) In this petition presented by the owner of a touring cinema, the following questions of law arise for consideration: Whether a touring cinema licence, which was existing on the date of the commencement of the Karnataka Cinemas (Regulation) (Amendment) Rules, 1967 ('the Amendment Rules' for short) and which, by virtue of sub- rule(6) of Rule 105 of the Amendment Rules is deemed to continue for a period of one year, if an application was made under sub-rule(l) of Rule 105 of the Amendment Rules for conversion of touring cinema into Semi- Permanent cinema within a period of three months from the date of commence ment of the Amendment Rules, does not cease if such application is rejected earlier?

(2.) Whether the Licensing authority was right in holding that the touring cinema licence granted to the petitioner, prior to the commencement of the Amendment Rules which was deemed to have been continued by virtue of sub-rule(6) of Rule 105 of the Amendment Rules, came to an end at the end of three months from the date of the commen cement of the Amendment Rules even though he had made an application within the prescribed period, on the ground that the application of the petitioner was defective ? 2. The petition is posted for preliminary hearing. It is taken up for final hearing by consent of all learned Counsel appearing for the parties.

(3.) The facts of the case, in brief, are as follow: The petitioner had secured a No Objection Certificate and constructed a touring cinema building on a land bearing Sy.No. 309/2 at Tarakanambi village, Gundlupet Taluk. The land belongs to respondent-2. Thereafter he had also secured a licence for running a touring cinema in the said structure. The said licence was being renewed from time to time. There had been large number of Writ Petitions before this Court, questioning validity of some of the rules which governed the grant of No Objection Certificate and licence to the touring cinemas. This Court upheld the validity of those rules and there after the matter was taken up in appeal before the Supreme Court. When the matter was pending before the Supreme Court the touring cinema licence granted to the petitioner had been renewed upto 31st July, 1987 or till the date of the disposal of the appeal by the Supreme Court, whichever was earlier. Before the Supreme Court it was represented on behalf of the State that there was a proposal to make several amendments to the Karnataka Cinemas (Regulation) Rules, 1971, and it was also submitted that even the draft rules had been framed. The Supreme Court in KARNATAKA TOURING TALKIES v STATE OF KARNATAKA (Nos. 13177 to 13195 of 1984) made the following order: