- (1.) THE facts leading up t the present petition under Article 226 o the Constitution lie in a narrow compas Smt. Sushila Narendrajit Singh (Petitioner No. 1) owns the premises known as Vivek Cinema at 14/151, Mahatma Gandhi Mara Chunniganj, Kanpur and Direndrajit Pinga (petitioner No. 2) is the son of petitioner No. 1. The premises (Vivek Cinema) was given on lease to M/s. Rakesh Theatres (respondent No. 3), which is a partnership firm of which Virumal Dembla (respondent No. 4) is the Managing Partner. Manohar Lal Dudeja (respondent No. 5) is another partner of the firm. The lease was grant ed on 1st July, 1955, in the first instance for a term of five years with an option to the lessee of renewal of the lease for an other five years. The lessee obtained a licence from the District Magistrate, Kan-pur, who is the Licensing Authority under the U. P. Cinemas (Regulations) Act, 1955 (U. P. Act of 1956 - hereinafter referred to as the U. P. Act) for giving exhibitions by means of cinematographs, and the licence was renewed from year to year.
(2.) ACCORDING to the petitioners, respondent No. 3 availed of the option ol the renewal of the lease of the premises, and thus the lease expired on 30th June, 1965. Thereafter the lease became a lease from month to month. Petitioner No. 1 terminated the lease by giving one month's notice dated 24th February, 1971 under Section 106, Transfer of Property Act. The notice was served on res pondent No. 3 through its Managing Part ner (respondent No. 4) on 26th February, 1971. So, after the termination of the period of notice Messrs. Rakesh Theatres were in unlawful possession of the premises in question from 26th March, 1971. On 15th March, 1971 the peti tioners jointly applied to the Licensing Authority, the District Magistrate of Kan-pur, for the renewal of the cinema licence in their names. It was stated in the appli cation that the lease of Messrs. Rakesh Theatres had been terminated and they were not entitled to hold the licence for running cinema business and exhibiting films in Vivek Cinema. A copy of the ap plication has been filed as Annexure 2 to the petitioner. The same day (15th March, 1971) the Managing Partner (respondent No. 4) also wrote to the District Magis trate, Kanpur to inform him that with re ference to their (Messrs. Rakesh Theatres) renewal application for licence dated 21st January, 1971, it had been mutually decid ed that the licence be renewed in the name of the petitioners. The consent of the petitioners for the licence to be issued in their own name was also endorsed on this communication to the District Magistrate. A copy of this letter dated 15th March, 1971 has been filed as Annexure 4 to the , petition. Soon thereafter, on 19th March, 1971, the Managing Partner wrote to in form the District Magistrate, Kanpur that his letter dated 15th March, 1971 for re newal of the cinema licence in favour of the petitioners may be treated as cancelled. Eventually, on the basis of a Government Order dated 29th March, 1971 (a copy of which has been filed as Annexure 5 to the petition) the licensing authority renewed the licence (a copy of which has been filed as Annexure 6 to the petition) in favour of respondent No. 3 for a period of one year from 1st April, 1971 to 31st March, 1972, while no orders were passed by the licens ing authority on the application of the peti tioners. The petitioners, therefore, pray for the issue of a writ of certiorari or any other suitable writ, order or direction quashing the G. O. dated 29th March, 1971, and also the license or its renewal by respondent No. 2 in favour of respon dent No. 3, as well as the order renewing the licence in favour of respondent No. 3. The petitioners also seek the issue of a writ of mandamus directing the Licensing' Authority to decide the application of the petitioners for the issue or licence uninflu enced by the G.O. dated 29th March, 1971.
(3.) THE grievance of the petition ers is that the licensing authority, without affording any opportunity to them In con travention of the statutory requirements renewed the licence in favour of respon dent No. 3 under the influence of the G.O. dated 29th March, 1971 (sic) is ultra vires the Act and the rules framed thereunder. It is also urged that no order has been passed on the petitioners' application for the issue of licence in their favour.;