JUDGMENT

DESAI, J.:— This appeal by special leave is directed against the order dated 27th December 1977 made by the State of Madhya Pradesh granting a licence for a quasi-permanent cinema to respondent No. 3 Prem Narayan son of Ganpatlal Chouksey, prorietor, Chitra Talkies, Lalbagh, Burhanpur (M. P.) against which a petition under Art. 226 of the Constitution by the petitioners was dismissed in limine by a speaking order by the High Court of Madhya Pradesh at Jabalpur on 6th March 1978.

2. Third respondent made an application on 5th December 1975 for grant of a licence for a temporary cinema and the District Magistrate having jurisdiction issued a no-objection certificate vide his order dated 10th February 1976 for a period of six months. This licence was renewed up to 30th June 1976 and there was a further renewal up to 30th September 1976. A subsequent application for renewal was turned down by the District Magistrate by his order dated 29th June 1977 on the ground that Paras Talkies with permanent cinema licence which was closed, has now been functioning in the locality and, therefore, a renewal of the licence for a temporary cinema in the same locality would not be proper. Resp