S.H.A. Raza, J. - (1.) Refusal of the opposite-parties to sanction Grants-in-aid to the Cinema-hall constructed and run by the petitioners on the ground that sanction for the same was granted before the cut-off-date and that its construction was completed after the cut-off-date is subject-matter of challenge in this writ petition.
(2.) The petitioners are running a Cinema-hall in the name and style of Meera Chitra Mandir, in the city of Hardoi (U.P.) having an population of 65,000 in the year 1974. For the construction of the Cinema-hall, the petitioners moved an application to the District Magistrate, Hardoi on 19th May, 1981 for grant of permission to construct a new Cinema-hall building. The application was accompanied with three sets of proposed plan of Meera Chitra Mandir. The District Magistrate, Hardoi vide order dated 10.5.1982 accorded his approval and the permission was to remain valid for a period of one year, i. e. up to 9.5,1983. It was also stipulated that the construction shall be made strictly in conformity with the plan and specifications as approved by the Executive Engineer, Provincial Division, P. W. D., Hardoi. On 11.6.1982 the petitioners moved an application before the District Magistrate, Hardoi to the fact that although they had strated work within one month but the rainy season will create hurdle in the construction of the building, and, as such, full edged work will start after the rainy season. As the cinema-building could not be constructed because, according to the petitioner, there were some doubts about the feasibility of the project, the petitioners again applied for the grant of permission for construction of cinema-hall on 20.4.1983. It seems that the petitioners in the application mentioned that they have not been able to get loan from the Bank. The Bank of India, Hardoi Branch vide letter dated 19.4.1983 addressed to the District Magistrate, Hardoi informed that the matter of grant of loan for construction of Meera Chitra Mandir was in under active consideration, as such the validity of the period may be extended. The District Magistrate, Hardoi granted permission to construct the cinema-building vide order dated 25.4.1983 and the cinema-hall building was to be constructed by 10.11.1983. According to the petitioner they could not start actual construction as there was some doubt about the feasibility of the project.
(3.) In the month of September, 1983 a news item was published in the news-papers that the State Government in order to encourage construction of permanent cinema-halls shall give grants-in-aid to the cinema-halls constructed between 1.1.1983 and 31.12.1985 and it shall be given to the cinema halls constructed in small districts and towns. The grants-in-aid was to be paid for four years and the way in which was to be paid was also announced. The petitioners found that now the construction of cinema-hall will be financially viable. As such, the petitioners again moved an application to the District Magistrate, Hardoi stating therein that construction have been started and are in progress and one yearss time be granted for construction of the Cinema hall i.e. up to 10.11.1984. It is thereafter that construction of the cinema-hall started and from the report of the inspector who made inspections under instruction of the District Magistrate, Hardoi it was found that only bricks and iron-rods and sand etc. have been collected, but the foundation work had not started and the material had been collected. It was thereafter that the District Magistrate, Hardoi granted the above mentioned extension vide order dated 1.11.1983, taking into consideration the recommendations made by the Bank authorities. The extension was granted with the rider that in case satisfactory progress will not be made within two months and the petitioners would not inform him about the progress so made, the permission so granted will automatically stand cancelled. According to the petitioners the construction started in the month of November, 1983 but as it was not likely to be completed by 1.11.1984 they moved another application for extension of time for construction of the cinema-hall and the District Magistrate, Hardoi extended tine upto 28.2.1985. The petitioners applied for grant of licence under the U.P. Cinemas (Regulations) Act and the same was granted by the District Magistrate, Hardoi vide order dated 14th March, 1985. The opening ceremony of the Cinema hall was performed on 28-2-1985 and the petitioner started exhibiting cinema with effect from 1-3-1985.;