SYED SALALUDDIN Vs. GUNTUR MUNICIPAL COUNCIL

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India for the issuance of a writ of certiorari seeking the quashing of an order dated October 15, 1977 passed by the Guntur Municipal Council represented by the Commissioner and Special Officer, the respondent herein and to issue consequential direction to the respondent to renew the licence of the petitioner's amusement park for a period of one year from October, 15, 1977 to October 14, 1978.

(2.) This petitioner is a proprietor of the Variety amusement park situated on Station Road, Guntur. The object of the park is to provide variety entertainment to the citizens and also to promote cultural and educational activities. \ free reading room with uptodate magazines is also provided in the premises where several hundreds of persons who visit the reading room acquaint themselves with the latest magazines. The petitioner further states that he invested several lakhs of rupees and constructed airconditioned rooms and art theatre for the conduct of the cultural programmes. He employed several persons in the institution. The premises in which the park is situated is enclosed on all sides with high walls and only games of skill are being played.

(3.) Originally the petitioner applied for a licence under the Places of Public Resort Act and licence was granted to him fey the Chairman of the Guntur Municipality under the proceedings dated 13-4-1972 authorising him to run the park for a period of six months under the provisions of the said Act. Subsequent to the expiration of that period, the petitioner sought for renewal of the licence by his application dated 10-9-1972 for a period of one year commencing from 15-10-1972. But that application was rejected by the proceedings dated 10-7-1972 of the Municipal Chairman on the ground that the Deputy Superintendent of Police, Guntur has not recommended the grant of the licence. That occasioned the filing of a writ petition No. 4673 of 1972 by the petitioner before this court and this Court directed the issue of a licence in accordance with the provisions of the Act upto 14-10-1973.