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1998 Supreme(Kar) 216

BHAGYASHREE COMBINES, A REGISTERED PARTNERSHIP FIRM, BELLARY – Appellant
Versus
DISTRICT MAGISTRATE, BELLARY – Respondent


Advocates:
B.G.SRIDHARAN, K.R.Nagendra, K.VENKATESHVARLU, S.N.ASHWATHANARAYANA

BHASKAR RAO, J.

( 1 ) THE appellant-writ petitioner filed appeal assailing the judgment of the learned single Judge dismissing the writ petition.

( 2 ) THE facts of the case are : appellant was a lessee of a cinema theatre known as Sri Raja Rajeshwari Theatre at Bellary. The appellant has taken the theatre with all equipments and lease- cum-hire vide agreement dated 14-7-1990. The period of lease was upto 22-7-1994 and was extended at first instance upto 23-12-1994 and again extended upto 28-2-1995. It is the case of the appellant that even after the expiry of the said period he continued to run the cinema show in the theatre and the licence issued under the Karnataka Cinemas (Regulation) Act, 1964 continued upto 31-5-1995.

( 3 ) THE appellant applied to the respondent 1 (Licencing Authority) for renewing of licence for the period from 1-6-1995 to 31-12-1995. The 3rd respondent who is the owner of the theatre and equipment filed an objection opposing the renewal of the licence on the ground that the appellant is continuing in the possession of the premises after 28-2-95 illegally as the lease was not extended and the 3rd respondent was the licence holder, and the appellant could no

































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