( 1 ) ALL these writ petitions have been presented by the touring cinema owners challenging certain provisions of the Karnataka Cinemas (Regulation) Rules, 1971 (hereinafter referred to as 'the rules') on the ground that they are violative of Arts. 14 and 19 (1) (g) of the Constitution. As common questions or law and facts arise for consideration, they are being disposed of by this common order.

( 2 ) THE provisions of the Rules challenged are as follows:--

(i) sub-rules (2) of the R. 98 which compels touring cinema owners to stop their touring cinemas at least for a period of one month if they intend to continue their cinemas on the same site, which reads as follows: "98. Grant or Refusal of Licence- (2) No licence in respect of a site shall be granted or regranted continuously for a period exceeding one year unless one month has lapsed after the expiry of said period of one year. "

(ii) Sub-rule (5) of the 96 which compels the touring cinema owners to take fresh No Objection certificate (hereinafter referred to as 'noc') after the expiry of one year of licence of touring cinema on each occasion, reads as follows:--"96. Procedure on Application- (5) (i) The licensing authority may, on application made to it in this behalf, if satisfied, after inspection or such inquiry as it may consider necessary, that the site continues to conform to the provisions of Cls. (h), (I), (j) and (k) of sub-rule (1) of R. 27 and of R. 107 dispense with the requirements of sub-rule (1), the notice under sub-rule (2) and the procedure specified in sub-rule (3) for grant of No Objection Certificate for the second year in respect of a camp site licensed for a touring cinema during the previous year. Provided that no such exemption shall be granted in respect of a camp site which had been licensed for a period of two years excluding the break period of two specified in sub-rule (2) of r. 98 immediately preceding the date of the application. (ii) the licensing authority may on application made to it for grant of a No Objection Certificate to run a touring cinema in any jatra, mela or other similar occasion for a period of one week before the commencement of such jatra, mela or other similar occasion and for one week after the closure thereof, if satisfied after inspection or such inquiry as it deems fit that the site for which the application has been made conforms to provisions of Cls. (h), (i), (j) and (k) of sub-rule (1) of R. 27 and of R. 107, grant the Certificate applied for despensing with the procedure specified in this rules for the grant of No Objection Certificate. "(iii) R. 107 which prohibits the location of a touring cinema within a distance of 1. 6 kilometres from the location of a permanent cinema and also which prohibits the location of a touring cinema in towns and cities having a population of fifteen thousand or more and within a distance of 1. 6 kilometers from the limits of such towns and cities, reads as follows:-"107. Restrictions on the grant of Touring Cinema Licences:-- (1) No licence for a touring cinema shall be granted- (a) in respect of a site situates within the distance of 1. 6 kilometers from a permanent cinema or 800 meters from another touring cinema; (b) in towns and cities having a population of fifteen thousand or more and within a distance of 1. 6 kilometers from the limits of such towns and cities. Explanation:-For the purposes of this rule, "distance" shall be reckoned along the shortest pathway, lane, street, or road connecting the two cinemas and generally used by members of the public. (2) Subject to sub-rule (1), there shall be no other restrictions to grant licences for touring cinemas. "

( 3 ) SRIYUTHS v. Krishna Murthy, H. B. Datar and M. R. Achar, learned counsel appearing for the petitioners and Sri Doddakalegowa, learned Government Advocate appearing for the State and sriyuths K. K. Venugopal, R. U. Goulay and S. G. Bhat, learned counsel appearing for the interveners-Permanent cinema owners, addressed

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