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KIRANMAYEE MANDAVA, NYAPATHY VIJAY
K. S. Handloom – Appellant
Versus
Shaik Mohammed Zubber – Respondent
JUDGMENT :
NYAPATHY VIJAY, J.
1. The present Writ Appeals are directed against the Order dated 10.05.2024 in I.A. No. 1 of 2024 in W.P. No. 10316 of 2024 and consequential order of vacating the order of status quo in I.A. No. 2 of 2024 in W.P. No. 9209 of 2024.
2. The parties as arrayed in W.A. No. 538 of 2024 are referred in the narration.
3. The brief facts of the cases are as follows:
4. The licensee under the said agreement had expired on 25.05.2020 and his brother i.e. respondent No. 8 herein claims t
The court established that permissions for conducting exhibitions are non-transferable under municipal bye-laws, and agreements based on abandoned rights cannot be enforced.
The termination of a license agreement is valid if it is in accordance with the terms and conditions of the agreement, and the public interest outweighs the personal interest of the licensee.
A license renewal requires mutual agreement; the absence of such agreement negates the right to renewal, regardless of prior compliance.
Licences cannot be cancelled on grounds beyond the violation of conditions of the licence, as stipulated in Rule 238 of the Rules.
The appeal upheld that expired leave and license agreements do not confer tenant rights; occupancy post-expiration was considered trespassing.
Licensing authorities must deny licensure to unsanctioned occupants; ownership or leasehold rights are essential for the issuance of cinematograph licences to ensure public safety.
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