(1.) THE appeal arises out of judgment and order of a learned trial Judge, dated February 18, 1991 passed in Civil rule No. 14599 (W) of 1979. The appellants in the writ petition under article 226 of the Constitution of India prayed for a writ in the nature of mandamus commanding the State off West Bengal and the other respondents to enforce and give effect to the Provisions of the West Bengal cinemas Development Scheme, 1976 and to act in terms thereof and further to grant incentive to the Cinema house of the petitioners in accordance with the said Provision. The learned single Judge by the judgment and order under appeal dismissed the writ petition.
(2.) THE facts leading to the petitioners grievance are that the petitioners carried on the business of exhibition of Cinema photographic films at the "rajendra Cinema" in the village of Lawhati within the jurisdiction of the rajarhat Police Station in the District of North 24-Parganas. The Rajendra cinema was temporary in nature not having any permanent structure. The government of West Bengal introduced a Scheme known as the West bengal Clearance Development Scheme 1976 to encourage the growth of new Cinema as well as films production industry in the State and the said scheme came into force with effect from 1st April, 1976. The petitioners had applied far permission for permanent construction in May 1972, but did not possess resources to go ahead with the construction. Spurred by the incentive scheme introduced by the State Government the petitioners renewed the move for erecting a permanent structure. The District magistrate, Respondent No. 3, granted permission by an order dated 29th march, 1977 for such construction.
(3.) PARAGRAPH 4 of the said Scheme provides for some incentives and one such is the granting of subsidy to the owner of every "eligible cinema house" to the extent indicated therein. It is the condition of the grant that the owner of the eligible cinema house must execute a written agreement with the State Government in terms of the Scheme. The expression 'eligible cinema Hall' is defined in the Scheme to mean a permanent cinema house with valid licence under rule 6 of the West Bengal Cinemas (Regulation of public Exhibition) Rules, 1956.