L C ASHOK Vs. DIVISIONAL COMMISSIONER BANGALORE

JUDGEMENT

(1.) The Writ Petition is taken up for final hearing by consent of both sides. The petitioner was granted 'NOC' to convert the touring cinema into a semipermanent cinema by order dated 23-2-1988 passed by the District Magistrate, Bangalore - District (Annexure-B). This 'NOC' was granted in Form No. 3 under Rule (new rules) 105 of the Karnataka Cinemas (Regulation) Rules, 1971. ('Rules'). The 'NOC' granted is valid for a period of three years from the date of issue, as per Clause(l) of the grant.

(2.) The petitioner started conversion of the touring cinema and while the conversion was in progress, he made an application for continuance of the touring cinema licence on 23-7-89. The District Magistrate issued an endorsement dated 29-7-89, as per Annexure-C, declining to continue the touring cinema licence on the ground that the lease of the land on which the touring cinema was located, had expired on 31-7-89. Against this endorsement, the petitioner filed an appeal before the Divisional Commissioner, Bangalore. The Divisional Commissioner also upheld the view of the District Magistrate that the petitioner should produce a renewed lease-deed for the period beyond 31-7-89 in order to get a renewal of the touring cinema-licence. He also observed that the District-Magistrate may reconsider the continuance, if the petitioner is able to get the lease renewed.

(3.) The Endorsement issued by the District Magistrate (Annexure-C) and the order of the Divisional Commissioner (Annexure-G), are challenged in this writ petition. The petitioner does not dispute that the lease of the land on which the touring cinema is situate expired on 31-7-89. But, it is brought to my notice that the owner of the land expressed 'no objection' for conversion before the District Magistrate and to grant 'NOC. A copy of the letter of consent given by the owner is produced as Annexure-A. It is, perhaps, on the basis of this consent letter by the owner that the District Magistrate granted 'NOC' in Form 'D' on 23-2-88.