IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.11347/2019 (C) Between:
M/s. Prestige Mysore Retail Ventures Pvt. Ltd., A Company incorporated under the Companies Act, Having Registered Office at “The Falcon House” No.1, Main Guard Cross Road, Bengaluru 560 001.
Represented by its Authorised Signatory Mr.T.Arvind Pai. … Petitioner (By Sri M.V.Sundararaman, Advocate) And:
Regional Commissioner, Mysuru Division, Office of the Regional Commissioner Mysuru District, Mysuru 570005. … Respondent (By:Smt.B.P.Radha, A.G.A.) This Writ Petition is filed under Articles 226 & 227 of Constitution of India, praying to direct the Regional Commissioner, Mysuru Division at Mysuru also the Appellate Authority under the Karnataka Cinemas (Regulation) Act 1964 to dispose of the appeal pending before the Regional Commissioner, Mysuru Division vide Annexure- B within a period of one month or such other period as this Hon’ble Court may fix.
This Writ Petition coming on for preliminary hearing ‘B’ group this day, the Court made the following:
ORDER The petitioner had sought for ‘No Objection Certificate’ for constructing a permanent cinema (multiplex) hall at property bearing Mysore City Corporation Katha No.8N5, Abba Road, Nazarbad Mohalla, Mysuru, which has rejected the application of the petitioner and against which, the petitioner had filed an appeal bearing No.RA CINEMA MISC CR 09/2018-19 before the Regional Commissioner, Mysuru Division, Mysuru, which is the Appellate Authority under the Karnataka Cinemas (Regulation) Act, 1964 and Cinemas (Regulation) Rules, 2014.
2. The petitioner states that despite an appeal having been filed on 19.07.2018, till date, the said appeal has not been disposed of and there has been undue delay prejudicing the rights of the petitioner.
3. Upon notice and on instructions, the learned Additional Government Advocate appearing for the respondent states that the appeal filed by the petitioner would be disposed of within a period of three months.
4. Taking note of the said submission, this petition is disposed of with a direction to the respondent to conclude the proceedings in appeal bearing No.RA CINEMA MISC CR 09/2018-19, within a period not later than three months from the date of release of the order. It is made clear that the petitioner would co-operate with the respondent in the expeditious disposal of the appeal proceedings.
5. This petition is disposed of, subject to the above observations.
Sd/- JUDGE VGR