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2003 Supreme(Kar) 78

S.R.BANNURMATH
BISHENDAS – Appellant
Versus
DIVISIONAL COMMISSIONER, VISHWESHWARAIAH CENTRE – Respondent


Advocates:
B.G.SRIDHARAN, M.R.VIJAYA KUMAR, UDAYA HOLLA

S. R. BANNURMATH, J.

( 1 ) HEARD the learned counsel for the petitioners and the learned counsel for the contesting respondents 3 to 7 and the learned High Court Government pleader for respondents 1 and 2.

( 2 ) IN this writ petition, the petitioners have challenged the order passed by the District Magistrate (Annexure F) refusing to renew the license of the petitioners to run the cinema theatre as well as the affirmative order passed by the Divisional Commissioner (Annexure G ).

( 3 ) THE facts according to the petitioners leading to the present proceedings are as follows : premises bearing No. 43, Residency Road, Bangalore, originally a vacant site belonging to one M. A. Bhakhi, predecessor-in-title of respondents 3 to 7 herein was leased to petitioner-1 under a registered lease deed dated 2-2-1966 for a period of 35 years from the date of execution of the lease deed, i. e. , the lease would come to an end on 2-2-2001. Copy of the lease deed is produced as Annexure A to the writ petition. As per the terms of the lease, after certain initial payments, petitioner 1 was required to build a cinema theatre and to run the same. One of the conditions, viz. , Condition No. 9, was an optio



















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