ANKAM MADHAVA RAO Vs. ANDHRA STATE GOVERNMENT KURNOOL

JUDGEMENT

(1.) This is a petition under Art. of the Constitution of India to call for the records and to issue a Writ of Certiorari quashing the Order of the Government of Andhra in G. O. R. No. 421 dated 12-8-1954.

(2.) The facts which have given rise to this writ petition and which are either admitted or proved may be set out in their chronological sequence.

(3.) The four petitioners in this Writ Petition and one B. M. Rao (3rd respondent) have been partners and lessees of a cinema theatre called Sri Kesari Picture. Eluru, under a registered lease deed, dated 9-11-1947, executed in their favour by the owner. The lease provides for a rent of Rs.550. per month and is to subsist for a period of ten years. The petitioners, B. M. Rao, (3rd respondent) and the owner of the theatre filed O. S. No. 2 of 1948 on the file of the District Court of West Godavari, for possession of the cinema theatre. There was a decree in their favour, which was confirmed by the High Court of Madras in A. S. No. 549 of 1948 Mad (A), on its file on 20-4-1949. In pursuance of that decree, possession was taken by all the partners. It is common ground that the licence under the Cinematograph Act and the licence under the Cinematograph Act and the licence under the Places of Public Resort Act were previously granted in thename of 3rd respondent. In or about February 1953, there were certain differences between the petitioners and 3rd respondent.On an application filed by the petitioners, the licence under the Places of Public Resort Act as granted to the petitioners jointly with 3rd respondent. The licence under the Cinematograph Act issued in the name of 3rd respondent was to expire on 31-5-1953. Here it may be stated that a licence is granted for one year at a time and is renewable form year to year. The 3rd respondent did not apply for the renewal of the licence. the petitioners, however, applied on 29-5-1953 for the issue of a licence in the names of all the 5 partners, that is, the petitioners and 3rd respondent. To the petitioners application for licence, 3rd respondent filed objections on 26-6-1953, wherein he stated that the licence should not be granted in the names of the five partners and prayed that the application for licence may be dismissed. The 2nd respondent in this petition is the District Magistrate of West godavari, who is the licensing authority under the Cinematograph Act. He gave notice to the parties and heard their counsel. He passed asn Order on 3-8-1953, which is as follows: