GYAN DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed against the order of the Collector, Jaipur, dated 25th May, 1976 by which the petitioner Smt. Gyan Devi's application for grant of 'no objection certificate' under the Rajasthan Cinemas (Regulation) Rules, 1959, has been rejected.

(2.) Briefly stated, facts giving rise to this writ application are, that the petitioner Smt. Gyan Devi purchased two plots of land from Shri Himmat Singh Baid by two registered sale-deeds dated 23-11-70 and 24-11-70 for Rs. 44,999/-and Rs. 48,999/- respectively. These two plots are adjacent to each other and they both together measure 3012.13 Sq. Yds. on Moti Dungri Road, Jaipur City. On 8-12-1970 an application was made by her for grant of 'no objection certificate' for the above site to the Licensing Authority i.e. Collector and District Magistrate, Jaipur. This application was ultimately not accepted and an appeal filed before the Home Commissioner was also rejected. The petitioner then filed Civil Writ petition No. 100 of 1973 in the High Court. The writ petition was contested by the respondents and ultimately this Court by its detailed judgment dated 23-2-1974* accepted the writ application. The main points canvassed before this Court in the earlier writ petition related to the interpretation of Rule 16. While accepting the writ application, this Court clearly laid down the following:

(3.) These are the findings which were given earlier by Hon'ble Justice Joshi.