The deeming provision in Rule 9 (2) (b) of the A. P. Cinema (Regulation) Rules, 1970, applies only to applications which comply with all statutory requirements.

SIVARAMAN NAIR, J.

( 1 ) THERE is an apparent conflict between the views expressed by two Division Benches of this Court in relation to the effect of Rule 9 (b) of A. P. Cinema (Regulation) Rules, 1970. The view expressed in Sri Satya Cine Enterprises, Hyderabad vs. Govt. of A. P. and others by a Division Bench was that:"even if some rule is not complied with which needs to be complied with before making of an applicaction for permission to construct a cinema theatre and the application is also not rejected within a period of ninety days still under the circumstances the second proviso accords grant of deemed permission to the applicant. As such, subsequent to the working out of the second proviso, if it is found that the application is in violation of a certain rule and hence the deemed permission cannot be accepted then it amounts to nullifying the very proviso incorporated through the G. O. dated 16-6-1978. Therefore, contravention or violation of certain rules which ought to have been complied with before grant of permission cannot be a reason for non-acceptance of the deemed permission under the incorporated proviso. "in M/s. Venkateswara Talkies vs. Govt, of A. P. and others a Division Bench of this court to which one of us (Sivaraman Nair, J.) was a member, held that:"we are, of the opinion that the deeming provision in Rule 9 (b) of the A. P. Cinema (Regulation) Rules, 1970, can apply only to applications which comply with all statutory requirements and not to all applications however incomplete or defective or non-conforming to the legal requirements they are. To hold otherwise will be to extend the statutory fiction to cover illegalities as well, as has happened in this case. "in a still later decision reported in Aditya Constructions vs. Govt. of A. P. another Division Bench of this Court dealing with the provision to Section 437 of the Hyderabad Municipal Corporation Act, 1955, held that the deeming provision applies to complete valid applications and not otherwise.

( 2 ) IN view of the conflict of opinions of the Division Benches on the effect of deeming provision, we feel it advisible that the point is decided by a larger Bench of this Court.

( 3 ) REGISTRAR (Judl.) will take orders from the Hon. Chief Justice to place the matter before a Full Bench for resolving the question of law as to : Whether deeming provision contained in Rule 9 (2) (b) of the A. P. Cinema (Regulation) rules, 1970 will be operative to incomplete or defective applications or applications which do not comply with or contravene any provision of law which is otherwise applicable OR whether such deeming provision will apply only to complete applications which do not contravene any other provision to the governing statute and the Rules or Bye-Laws made thereunder. This Appeal coming on for hearing finally before the Full Bench the Court delivered the following.

( 4 ) ORIGINAL writ petitioner is the appellant in this writ appeal. Writ petition itself was filed to call for the records relating to the grant of permission for the construction of a permanent theatre in T. S. No. l802/a, Ward No. 16 of narasaraopet, Guntur District and to quash the same by the issuance of a writ of Certiorari or any other appropriate writ.

( 5 ) RELEVANT facts culminating in the filing of the writ appeal are as follows: original third respondent in the writ petition filed an application before the second respondent on 4-5-1982 for permission to construct a permanent Cinema threatre in T. S. No. l802/a, Ward No. 16 of Narasaraopet Municipality, Guntur district under Rule 8 of the Andhra Pradesh Cinemas (Regulation) Rules, 1970 (herein after referred to as "the Rules" ). The said application was objected to by the writ petitioner on the ground that the site falls within the residential zone as per the Zoning Regulations and therefore, the construction of Cinema threatre is prohibited and if the permission for construction of a permanent cinema theatre is granted, it wil

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