JANTA TOURING TALKIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Art.226 of the Constitution is filed by the Manager of a touring cinema for a writ of mandamus or any other appropriate order for a declaration that the action of the State of Gujarat and the Mamlatdar and Licensing Authority at Babra, District Amreli in not renewing the licence beyond January 31, 1998 was ultra vires the provisions of the Bombay Cinema (Regulation) Act, 1953 (hereinafter referred to as "the Act") and the Rules framed thereunder and was also violative of the petitioner's rights under Art.14, 19 and 21 of the Constitution. The petitioner has also prayed for a writ of mandamus for directing the respondents to renew the petitioner's licence for the touring cinema beyond January 31, 1998. Facts

(2.) The facts leading to filing of the petition, as averred by the petitioner, are as under :- The petitioner established the touring cinema called "Janta Touring Talkies" on February 11, 1986 under a licence issued by the prescribed Officer and Executive Magistrate-cum-Mamlatdar, Babra under Rule 103 of the Bombay Cinema Rules, 1954 (hereinafter referred to as "the Rules"). The said licence was extended without any break upto January 31, 1998. There was another touring cinema run by respondent No. 3 called Shivam Cinema at Babra. Said Shivam Cinema which was earlier a touring cinema was converted into a permanent cinema and the licensing authority granted respondent No. 3 a permanent licence under Rule 103 of the Rules on October 10, 1997. When the petitioner applied for renewal of licence for his touring cinema, which was expiring on December 31, 1997, the licensing authority informed the petitioner that since a permanent cinema was established in Babra area, the petitioner's licence would not be renewed. The petitioner took up the matter with the State of Gujarat and licensing authority and, therefore, the petitioner's licence for the touring cinema was renewed upto January 31, 1998. However, that action of the authorities came to be challenged by respondent No. 3-Proprietor of Shivam Cinema before this Court in Special Civil Application No. 122 of 1998. At the hearing of the said petition before this Court on 13-1-1998, the learned A.G.P., appearing for the State of Gujarat and the licensing authority made a statement under the instructions that the authorities had taken decision not to renew the licence of the present petitioner (Janta Touring Cinema) beyond January 31, 1998. In view of that statement, the petition of Shivam Cinema (respondent No. 3 herein) was permitted to be withdrawn with liberty reserved to the petitioner herein (Janta Touring Talkies) to challenge the decision of the authorities not to renew the licence beyond January 31, 1998. A communication that the petitioner's licence is not to be renewed was also sent by the licensing authority to the petitioner on January 28, 1998. Accordingly, the present petition has been filed for appropriate reliefs and for a mandamus to direct the authorities to renew the licence of the petitioner beyond January 31, 1998.

(3.) In response to the notice issued by this Court, affidavit-in-reply has been filed by Mr. P. G. Vyas, Under Secretary to the Government of Gujarat, Information, Broadcasting and Tourism Department. Another affidavit-in-reply has been filed by respondent No. 3-Proprietor of Shivam Cinema. The stand of the authorities as disclosed in the affidavit is that in view of the provisions of Rule 103 of the Rules, ordinarily touring cinema licence shall not be granted for a place where there is already a permanent cinema and that touring cinema licence shall not be renewed for a place where there is already a permanent cinema. Hence, since the permanent cinema of respondent No. 3 has come into existence at Babra, i.e., same town in which the petitioner's touring cinema was earlier granted licence, the licence in favour of the petitioner was not renewed beyond January 31, 1998. It is also stated that the extension from December 31, 1997 to January 31, 1998 was granted on sympathetic consideration. Contentions on behalf of Petitioner