CHANDIGARH ADMINISTRATION Vs. SURJIT KESAR

JUDGEMENT

(1.) Whether a temporary licence for a "touring cinematograph" granted under Section 5 of the Punjab Cinemas (Regulation) Act, 1952 and the rules framed thereunder, is essentially transient and migratory in nature--comes to be the spinal issue in these two connected appeals under Clause X of the Letters Patent preferred by the Chandigarh Administration.

(2.) The issues of fact and law being admittedly common, the factual matrix may be picked from L. P. A. No. 978 of 1982, Chandigarh Administration & others v. Surjit Kesar.

(3.) Mani Majra is a populous village lying on the outskirts of the town area of the Chandigarh city, but within the Union territory. The respondent-writ petitioner Surjit Kesar secured a temporary licence (for six months in the first instance) for a touring cinematograph under Rule 3 of the Punjab Cinema (Regulation) Rules, 1952(hereinafter called 'the Rules') in January, 1977. The respondent- writ-petitioner's averments that the licence was given in pursuance of a policy decision and that an understanding was given to him by the District Magistrate, Chandigarh, have been categorically denied by the Chandigarh Administration as also the alleged claim that he had invested Rs. 3,00,000/- in the venture. In pursuance of the temporary structure for exhibiting films known as the Raj Talkies. The said licence was extended from time to time till the 31st of Dec., 1981. Thereafter an extension was granted only for a period of three months expiring on the 31st of March, 1982 or up to the date when a permanent cinema hall, namely Dhillon Theatre started functioning at Mani Majra. However, an application for further extension of the said temporary licence was declined by the District Magistrate who is the licensing authority, by his order dated 26th of March, 1982. An appeal against the same was carried to the Home Secretary, Chandigarh Administration. The said appeal was dismissed on the 8th of April, 1982 but it was directed that the orders of the District Magistrate refusing the licence would operate only with effect from the 14th of April, 1982.