( 1 ) THIS is an appeal against the decision of our learned brother Umamaheswaram, J. , in W. P. No. 375 of 1955, declining to issue a writ of mandamus or any other appropriate writ restraining the District Magistrate, anantapur, from issuing a licence to the first respondent under section 4 of the cinematograph Act, II of 1918 (hereinafter called the Act ).

( 2 ) THE facts material for the determination of the questions of law raised before us are simple. The appellant is the proprietor of a theatre called " Vauhini Kala mandir " in the municipal town of Tadipatri. He has a licence under section 4 of the Cinematograph Act to exhibit cinema shows in that theatre. The 1st respondent purchased a building in 1949 in which cinematograph films were being exhibited upto the year 1940 under a licence till then in force. As a result of certain defects pointed out by the Executive Engineer such exhibition was stopped in the year 1940. But before the defects were rectified, the Government requisitioned the building and handed it over to a local Go-operative Stores which was using it as godown till the year 1953. The building was however vacated by the stores in that year