BEHARI LAL KAPOOR Vs. STATE AND OTHERS

JUDGEMENT

(1.) -The petitioners Behari Lal Kapoor and one Moti Lal Goyal are owners of Basant Cinema, situate at 21/148, City Station Road, Agra. According to the petitioner Basant Cinema was leased out to respondents Nos. 3, 4 and 5 (hereinafter referred to as the respondents) for a period of five years under the lease deed dated 1-6-1966. During this period the Licensing Authority granted licence to the respondents to give cinematograph exhibition. For the year 1971 the petitioner along with his co-owner applied to the Licensing Authority to grant them a licence to give cinematograph exhibition after expiry of the lease in favour of the respondents. However, the licence granted to the respondents continued to be renewed from year to year. On 12-2-1973 the petitioner filed suit No. 6 of 1973 against the respondents for ejectment, possession and mesne profits principally on the ground that they were trespassers after expiry of the period of the lease. The petitioner continued to make applications for grant of a licence in his favour but the Licensing Authority continued to renew the licence granted to the respondents. Against the renewal of the licence in favour of the respondents for the year 1976-77 the petitioner filed a writ petition in this court (Civil Misc. Writ No. 4073 of 1976). It was dismissed on 25-4-1977 on the ground that the period of the licence had already expired on 31-3-1977 and consequently the petition had become in-fructuous. It was also held that the petitioner had an alternative remedy of filing an appeal. The present petition has been filed against the order of the Licensing Authority renewing the licence in favour of the respondents for the year 1978-79 and the order of the State Government dismissing the appeal of the petitioner directed against the aforesaid order of the Licensing Authority. The petitioner has prayed for a writ of certiorari quashing the G. O. dated 21-5-1971 and the orders of the Licensing Authority and the State Government as well as the licence granted to the respondents for the previous years as well as for the year 1978-79. A writ of mandamus has been prayed for directing the licensing Authority. Agra, to renew the licence of Basant Cinema, Agra, to the petitioner. The petitioner has further prayed for a writ of prohibition directing the licensing Authority, Agra, not to renew the licence to exhibit films in Basant Cinema to the respondents.

(2.) In the counter-affidavit filed on behalf of the respondents it has been asserted that they continued to be the lessees of Basant Cinema even after expiry of the period mentioned in the lease deed dated 1-6-1966 and are not trespassers as alleged by the petitioner. It is not necessary to mention in detail the facts and circumstances put forward in support of their stand. The stand taken by the State of Uttar Pradesh and the Licensing Authority is that the licence in favour of the respondents has been renewed from year to year in accordance with the provisions of the U. P. Cinematograph Rules. 1951 and the G. O. Dated 21-5-1971 issued by the State Government.

(3.) A preliminary objection has been raised on behalf of the respondents that the petition has become in fructuous by lapse of time and the petitioner is not entitled to any relief in this petition. Reliance in this connection has been placed on a decision of a Bench of this Court in Brij Bahadur Sarin Vs. District Magistrate, Agra (Civil Misc. Writ Petn. No. 5291 of 1974, decided on 25-4-1979) .