STATE OF KARNATAKA Vs. LAXMI TOURING TALKIES

JUDGEMENT

(1.) These appeals are preferred against the Order made by D.M. Chandrashekhar, J., as he then was, allowing the Writ Petitions filed by the proprietors of touring cinemas in which the validity of Rule 107 (1) (b), as it then was, of the Karnataka Cinemas (Regulation) Rules, 1971, was challenged. The learned Single Judge declared the said rule as ultra vires of the Karnataka Cinemas (Regulation) Act, 1964. He did not go into the constitutional validity of the said rule.

(2.) The question of the validity of Rule 107 (1) (b) was referred to a Full Bench and the Full Bench has rendered its opinion stating that that rule was not ultra vires of the Act. The Opinion of the Full Bench has been rendered on 1st September, 1978. The appeals have been now posted for further hearing along with the said opinion of the Full Bench.

(3.) We are bound by the opinion of the Full Bench and the appeals must be disposed of accordingly. But at this stage, Mr. Sridharan, Learned Counsel for the contesting respondents submitted that he would urge the constitutional validity of the impugned rule. Mr. S. G. Bhat, however submitted that that question need not be gone into since the impugned rule has been now replaced by a new rule which has been published in the Karnataka Gazette dated 14th September, 1978. This fact has not been disputed by Sri Sridharan. In this position, it is unnecessary to pronounce upon the constitutional validity of the impugned rule as the said rule is no longer in the statute book.