KARNATI RANGIAH PROPRIETOR VAUHINI KALA MANDIR TADIPARTHI ANANTAPUR DISTRICT Vs. A SULTAN MOHIDDIN AND BROS TADIPARTHI

JUDGEMENT

(1.) This is an application for the issue of a writ of mandamus or any other appropriate writ restraining the 2nd respondent from issuing a licence to the 1st respondent under section 4 of the Cinematograph Act. The case of the petitioner is that he owns a theatre called "Vauhini Kala Mandir", that a licence was issued to him to exhibit cinema shows in the theatre under the Cinematograph Act and that the 1st respondent ought not to be granted a licence under the said Act inasmuch as the building purchased by him was only being used as a godown and was not a theatre within the meaning of Government memos. Nos. 97887 and 160347 dated 5th September, 1950 and 20th February, 1951, respectively.

(2.) For the purpose of appreciating his contentions, it is necessary to set out a few relevant facts. In the building purchased by the 1st respondent in 1949, Gouse Mohiuddin and Jesraj of Tadpatri were exhibiting films up to 1940, having obtained a licence in 1932 under the Cinematograph Act for exhibition of cinema films and had to stop the exhibition of films owing to certain defects pointed out by the Executive Engineer, P.W.D., Anantapur. The Government thereafter requisitioned the building and handed it over to the whole-sale Co-operative stores as a godown. In 1949, the 1st respondent purchased the building for conducting cinema business and it was only in 1953 that he obtained vacant possession of the premises. With a view to run the cinema, the 1st respondent submitted an application to the District Collector and the Municipal Commissioner of Tadpatri for permission to instal an oil engine in the premises for generating electricity for Cinema purposes and for the requisite licence on 15th February, 1954. As no reply was received, a petition was presented to the Secretary to the Government of Andhra (Law Department) on 29th May, 1954. On 8th July, 1954, the petitioner herein filed a memo, before the Collector setting out his objections, viz., that no licence should be granted to the 1st respondent. On 27th July, 1954, the ist respondent sent an application to the District Magistrate, Anantapur, for the issue of a licence under the Cinematograph Act and to direct the Municipal Commissioner to grant permission for installation of an oil engine. In G.O.R. No. 14, dated 12th January, 1955, the Government passed the following order :-

(3.) In pursuance of the orders passed by the Government, the Collector sent to the 1st respondent herein a memo. D. Dis. No. 37/54-M dated 4th February, 1955, in the following terms :-