( 1 ) JUDGMENT under challenge in this appeal which is filed under clause 15 of the Letters Patent is rendered by the learned Single Judge on March 5, 1998 in Special Civil Application No. 359 of 1998 whereby prayer made by the appellant to set aside decision of the Licensing Authority of not renewing licence for its touring cinema beyond January 31, 1998, is turned down.

( 2 ) THE appellant had established a Janta Touring Cinema at village Babra, on February 11, 1986 pursuant to a licence issued by the Licensing Authority and Executive Magistrate-cum-Mamlatdar, Babra. The licence was renewed from time to time upto December 31, 1997. The respondent No. 3 was earlier operating another touring cinema at Babra which was subsequently converted into a permanent cinema. As the licence granted to the appellant was to expire on December 31, 1997, the appellant had made an application for renewal of the licence. The appellant was informed by the respondent No. 2 that because of the fact that a permanent cinema was established at village Babra, the appellants licence was not liable to be renewed. According to the appellant, it had taken up the matter with the State of Gujara