K MANMATHA RAO Vs. ADDITIONAL DIST MAGISTRATE AND LICENSING AUTHORITY MYSORE

JUDGEMENT

(1.) The petitioner who is manager of Shivaji Talkies, Hunsur, has filed this writ petition on 22-11-1969, praying that the order dated 11-11-1969 made by the first respondent who was described as the District Magistrate and the licensing Authority, Mysore District, Mysore, be quashed, and, for the issue of a writ of mandamus or any other appropriate writ directing the first respondent not to issue any licence to the second-respondent. Later, the petitioner filed an application on 29-11-1969 seeking further relief? praying that "No Objection Certificate' granted by the Additional District Magistrate and the Licensing Authority be quashed, and, for the issue of a direction that the licence issued by the Additional District Magistrate and the Licensing Authority also be quashed. The petitioner was permitted to amend his earlier application so as to be in accordance with the second application made on 29-11-1969. So that, the question before us relates to the validity of the grant of the no-objection certificate and the licence granted by the first respondent, the Additional District Magistrate and the Licensing Authority.

(2.) On 3rd September 1969, the first respondent published a notice under Rule 7B of the Mysore Cinematograph Rules, 1946 (hereinafter called the Rules), inviting objections for the grant of a "no objection certificate" in favour of the second respondent for the location of a touring cinema at Hunsur town of Mysore District on the Municipal site called 'Muneswara Kaval Land'. Several objections were filed before 18-9-1969, the notified date. One of the objectors was Sivabhusana Mudaliar and a copy of his objection petition is marked in this petition as Ext.B dated 13-9-1969. The other one was under Ext.D by P.R. Venkataramaiah, which is also dated 13-9-1969. The petitioner also filed his objections on 12-9-1969, copy of which is marked as Ext. E. Except the petitioner, the other objectors withdrew their objections.

(3.) From the records made available to us by the learned High Court Government Pleader and pertaining to the grant of the 'no objection certificate' in favour of the second respondent which has been challenged in this writ petition, it is found that an order is made on 10-11-1969 in the following terms :