( 1 ) THE petitioners are exhibitors of touring cinemas. They had been granted licences for running touring cinemas in different places. They had applied for re-grant of such licences for continuing to run the touring cinemas in those respective places. The licensing authority declined to re-grant such licence to the petitioner in WP. 4219 of 1974. The applications of other petitioners for re-grant of their respective licences, are pending before the Licensing Authority.

( 2 ) IN these petitions under Art. 226 of the Constn, the petitioners have prayed for striking down Rules 11 and 16 of Karnataka Cinemas (Regulation) (First Amendment) Rules, 1974 (hereinafter referred to as the amendment Rules), as unconstitutional. The petitioner in WP. 4219 of 1974 has also prayed for quashing the order of the Licensing Authority declining to rergrant the licence to him. The petitioners have also, prayed for issue of mandamus directing the Licensing Authorities to consider and decide, their applications for re-grant. of licencep, without applying Rule 16 of the Amendment Rules.

( 3 ) BEFORE dealing with the rival contentions of the learned Counsel in these petitions, it is useful to sell out the relevant provisions o f the Karnataka cinemas (Regulation) Act, 1964 (hereinafter referred to as the Act), and rules made thereunder.

( 4 ) IN different areas of the new State of Mysore (Karnataka) there were different enactments regulating cinemas. By enacting the Adt, the Legislature of the new State of Mysore (Karnataka) brought about a uniform law throughout the State regulating cinemas. The Act received the assent of the President on 10-4-1964. However, it was brought into force only on 15-3-1971.

( 5 ) THE main object of the Act has been stated 'in its preamble as regulating exhibitions by means of cinematographs and licensing of places in which cinematograph films are exhibited. Sub-sec (4) of S. 2 of the Act defines 'place' as including a house, building, tent, enclosure and any description of transport, whether by water, land or air. Sec. 4 provides that no person shall give an exhibition by means of and cinematogarph elsewhere than in a place licensed under the Act or otherwise than in compliance with any conditions and restrictions imposed by such licences. Sec. 5 provides that a person intending to, give exhibition of cinematograph films in a place shall make an application to the licensing authority furnishing such particulars as may be prescribed. Sec. 6 sets qut the matters to be considered by the Licensing Authority in deciding to grant or refuse a licence. Such matters include- (a) the interest of the public generally; (b) the suitability of the place where the cinematograph exhibitions are proposed to be given; and (c) the adequacy of existing places for the exhibition off cinematograph films in the locality. Sec. 7 provides that the Licensing Authority may, after consideration of the matters set forth in S. 6, and subject to such rules as may be prescribed by order, limit the number of places in any area in respect of which licences under this Act may be granted. Sec. 8 provides that the Licensing Authority shall not grant a licence unless it is satisfied, inter alia, that- (a) the rules under the Act have been substantially complied with; (b) adequate precautions have been taken to provide for safety, conveninece and comfort of the persons attending exhibitions herein; and (c) the limit regarding the number of places tor the area, determined under Sec. 7, is not exceeded.

( 6 ) SEC. 11 provides, inter alia, that any person who intends to use any place for exhibiting cinematograph films or to use any site for constructing or reconstructing a building thereon for exhibiting cinematograph films, shall make an application in writing to the Licensing Authority for permission therefor together with such particulars as may be prescribed. Sub-sec (1) of S. 19 provides that the State Govt may, by notification, make rules to carry out the

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