LAWS(KAR)-1997-9-18

M PUTTASWAMY Vs. DISTRICT MAGISTRATE MYSORE

Decided On September 03, 1997
M.PUTTASWAMY Appellant
V/S
DISTRICT MAGISTRATE, MYSORE Respondents

JUDGEMENT

(1.) BY this petition, petitioner has sought the writ of certiorari quashing endorsement dated 20-11-1996 annexure-a, issued by the district magistrate, mysore, requiring the petitioner to furnish what is bilaterally known in the cinema world, as the conversion certificate, but it may be said to be called as necessary permission to make use of agricultural land for the purposes other than the agricultural purpose or the purpose indicated in Section 95 (1) of the land revenue act. The petitioner has also prayed that the annexure-a, may be declared to be unconstitutional, arbitrary and without authority.

(2.) ACCORDING to the petitioner's case, Karnataka cinema regulations ACT and the rules do not confer any power on the district magistrate to reject the petitioner's application for grant of licence or renewal of licence, if user of land is not converted from agricultural purpose to non-agricultural purpose. It has further been contended that the question of converting the land does not arise, as touring cinema is temporary in nature and character and so, the endorsement dated 20-11-1996, has been challenged as illegal, ultra vires of the provisions of articles 14, 19 and 21 of the constitution. It has also been contended that the licensing authority have misread circular dated 31-10-1996, issued by the government learned counsel contended that the perusal of the circular dated 31-10-1996, clearly shows that the state government had issued direction to insist upon the production of conversion certificate for issue of touring cinema licence, it has further been contended that such certificate has not been insisted upon on other types of cinemas. It has also been contended that such circular is violative of article 19 (1) (b) and 19 (1) (g ).

(3.) THE contentions made by the learned counsel for the petitioner have been hotly contested by the learned government advocate, Smt. Bharathi nagesh.