RASDEEP TOURING TALKIES Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) BOTH these writ petitions (Civil Writ Nos. 2595 and 2634 of 1965) raised one common question of law as to the constitutionality and validity of Rule 3 (iv) of the Punjab Cinemas (Regulation) Rules, 1952, hereinafter called the Punjab Rules, framed under Section 9 of the Punjab Cinemus (Regulation) Act, 1952 (Punjab Act 11 of 1952), hereinafter referred to as the Punjab Act Before dealing with the abovesaid importance question of law, I would give a brief resume of the relevant facts of Civil Writ No. 2595 of 1965 only, which facts have led to the filing of this petition under Articles 226 and 227 of the Constitution.

(2.) RASDEEP Touring Talkies is a partnership firm carrying on business of a touring cinema in the Punjab. The petitioner's case is that it does not do any other business and has no other source of livelihood. It is admitted that the two petitioners in the two respective cases had been granted temporary licences under the Punjab Rules for various places for different periods during 1964-65.

(3.) SOLAR eclipse fair is held at Kurukshetra in Karnal District after about four years and sometimes after longer periods. The last such fair was held in 1961. The number of pilgrims and other persons who visit Kurukshetra on the occasion of such a fair runs into lakhs. The State authorities make all kinds of arrangements for the pilgrims and other visitors to the fair, including that for their recreation and entertainment. Counsel for the petitioners states that a regular recreation block is created and reserved for such purposes. At the fair which took place in 1961 at least six touring cinemas were given temporary licences and the case of the petitioner is that it was one of them. According to the petitioner, all the six temporary cinemas were put up side by side in one block. The seating capacity of each such cinema, according to the petitioner, was about 2,000 It is, however, significant to note that it is the admitted case of both sides that there was no permanent cinema in Kurukshetra at that time.