SYED GAFAR Vs. DIVISIONAL COMMISSIONER BANGALORE

JUDGEMENT

(1.) THIS petition is directed against the order dated may 20, 1997, passed by the divisional commissioner, Bangalore in No. Gin. Appeal 2 of 1997-98, and the petitioner has sought the quashing of that order.

(2.) THE facts of the case as appears from the record are that earlier that is in 1991, in pursuance of proceedings in arbitration no. 1 of 1971, finally registered sale deed dated 29-8-1991, was executed in favour of respondent no. 3 by the other partners and the application for grant of permit was made by the petitioner and the respondent alleges to have made the application for permit, while the fact that is respondents having moved the application, is denied by the petitioner. This is not very material fact at this juncture. The main application for re-grant of licence made by the petitioner has not been disposed of till today, instead the licensing authority granted a temporary permit that is temporary licence in favour of the present petitioner vide, order dated 12-4-1997, Annexure-B to the writ petition for the period from 15th of may, 1997 to 15th of august, 1997.

(3.) HAVING felt aggrieved from the order of the licensing authority granting temporary permit which rule-86 of the Karnataka cinemas (regulation) rules, provides that such temporary permit also will be deemed to be a licence for the purpose of the rules and the respondent 3 filed an appeal under Section 10 of the act. The appeal was heard by the divisional commissioner and the appellate authority - the divisional commissioner allowed the appeal taking the view as under: