RANG TOURING TALKIES Vs. M C NAIK

JUDGEMENT

(1.) The pertinent and relevant facts in brief leading to the present petition are as under :

(2.) The petitioner was running a Shri Rang Touring Cinema at village Umalla in Jhagadia Taluka of Bharuch District and at the relevant point of time, was holding an appropriate licence issued in that regard under the provisions of the Bombay Cinema (Regulation) Act, 1953 read with the Bombay Cinema Rules, 1954. The licence originally issued to the petitioner was dated 9/11/1981 and was for the validly period of one year. According to the petitioner, this licence was renewed from time to time and ultimately expired on 31/12/1986. Although there is a some controversy as to whether it expired on 31/12/1986 or on 30/06/1987, this is a minor aspect which does not affect the merits of the case.

(3.) At the relevant point of time, when the licence was about to expire on 31/12/1986, the Licensing Authority wrote a letter to the petitioner dated 20/12/1986 (at Annexure 'F' to the petition) pointing out that the licence was due to expire on 31/12/1986 and calling upon the petitioner to apply for renewal, annexing with the renewal application the necessary documents referred to in the said letter. It however appears that such renewal application was made only on 22nd of June, 1987 (at Annexure 'B' to the petition). This application was however rejected by an order of the Licensing Authority, being order dated 10/07/1987 at Annexure 'C' to the petition. Being aggrieved by this order of rejection, the petitioner preferred an appeal on 12/08/1987 and also filed an application for interim relief in the said appeal dated 13th August, 1987. Howevwever after hearing the parties, the appellate forum vacated the ad-interim stay granted earlier in that appeal, the order of vacating stay being dated 31/08/1987. Ultimately, even the appeal was dismissed by an order dated 21/12/1987 (at Annexure 'A' to the petition).