IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50738/2018 (C) Between:
Ramanna, S/o. Late Kunnaiah, Aged about 60 years, R/o. H.M. Doddi, Kanakapura Taluk, Ramanagara District. Proprietor, Gopala Krishna Talkies, Shivanahalli, Kanakapura Taluk, Ramanagara District – 562 159. ... Petitioner (By Sri. Chandrashekar K., Advocate) And:
The District Magistrate, Deputy Commissioner, Ramanagara Taluk, Ramanagara – 562 159. ... Respondent (By Smt. B.P. Radha, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent licencing authority to consider and dispose off the application filed by the petitioner dated 15.11.2016 vide Annexure-C.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner has submitted the application on 31.07.2018 requesting for grant of licence for his theatre after necessary renovation. The said application filed by the petitioner not having been considered, the petitioner has filed the present writ petition seeking for appropriate direction to the respondent to consider and dispose of the application filed by him.
2. The petitioner had sought for grant of licence by making application under Rule 89 of the Karnataka Cinemas (Regulation) Rules, 1971 (‘the Rules’ for brevity).
3. The petitioner states that all requisite documents have been furnished and necessary fee has also been furnished but despite having submitted the application and necessary documents, licence has not been granted to him.
4. During the pendency of the petition, the petitioner had filed I.A.No.1/2019 seeking for direction to dispose of his application in accordance with Rule 86 of the Rules, pending final decision of his application under Rule 85 of the Rules. This Court, by its order dated 21.12.2018 had directed the respondent to consider the petitioner’s application under Rule 86 of the Rules. Pending consideration of his application for grant of regular licence pursuant to the order of this Court, it is submitted that a temporary permit has been granted for a period of one month expiring on 18.03.2019.
5. The learned Additional Government Advocate states that the application of the petitioner earlier submitted along with the fresh applications submitted with requisite documents found at Annexure-M dated 26.02.2019 would be considered and disposed of within a period not later than four weeks from today, if all the necessary documents required for such consideration are furnished to the respondent-Authority.
6. Taking note of the said submission, petition is disposed of directing respondent No.1 to consider the application and representation filed by the petitioner on 31.07.2018, 15.11.2016 as well as on 26.02.2019 in accordance with law. Said consideration is to be completed within a period of four weeks from today, subject to the petitioner co-operating with the respondent by furnishing such documents as may be necessary for effective consideration.
7. In the interregnum, the temporary permit under Rule 86 of the Rules would be granted as per law till disposal of the application of the petitioner filed under Rule 85 of the Rules.
Subject to the above observations, this writ petition is disposed of.
Sd/- JUDGE SJK