Licensing authorities must deny licensure to unsanctioned occupants; ownership or leasehold rights are essential for the issuance of cinematograph licences to ensure public safety.

1. In this writ petition the petitioner firm, namely, Isherdas Sahni and Brothers, seeks to get quashed by a writ in the nature of certiorari or like writ, order or direction, three orders contained in Annexures 13, 14 and 18 to the Writ Petition, the first and the third having been passed by the Government of Uttar Pradesh impleaded as opposite party No.2 and the second one by the District Magistrate of Lucknow (Opposite party No.1) acting as the licensing authority under S.4 of the U.P. Cinemas (Regulation) Act, 1955. It also seeks the issue of a writ in the nature of mandamus to opposite party No.1 aforesaid to grant to the petitioner firm cinematograph licence for the Basant Cinema at Lucknow so long as it continues to enjoy the possession of the said cinema premises and complies with all the formalities of Cinematograph Act and the rules. An interim relief in the form of grant of cinematograph licence was also prayed for but the same was not allowed and it was decided to hear the writ petition itself at a very early date. The facts and circumstances leading to the making of this writ petition are briefly given hereinafter.

2. The building, a part of which is known as Basant Cinema, was constructed by Sri Moti G. Thadani and Smt. Padma Thadani. A lease for the Basant Cinema was given by the said owners for a period of five years to the petitioner firm and a deed of lease was executed on 29-11-1947. Sri Amrit Lal Sahni, partner of the firm, took cinematograph licence for Basant Cinema and started exhibiting cinematograph films in the Basant Cinema. The lease was renewed from time to time, the last renewal being by means of a deed dated 5-12-1960, which was for a period ending on 31-5-1966. Sri Sahni of course got a renewal of the Cinematograph licence from year to year. Disputes arose between the landlords and the petitioner firm on the expiry of the period of lease on 31-5-1966. The lease covered also fittings and fixtures in the premises of Basant Cinema such as fans, electric boards and the air cooling plant. The landlords wanted the premises to be vacated and in fact Sri Moti G. Thadani made an application to the District Magistrate Lucknow for the issue of a licence to him with effect from 1-6-1966.
The firm on the other hand did not vacate the premises and continued in possession, though without the consent of the landlords, and applied for renewal of the licence. The renewal of the licence in favour of the petitioner firm in March, 1966 was only for two months ending on 31-5-1966. The District Magistrate later granted licence for a further period of three months commencing from 1-6-1966 and required the licensee to obtain a recognition of its rights in the cinema premises from an appropriate court of law if it wanted renewal of licence for a further period. The petitioner firm therefore filed a suit on 3-7-1966 in the Civil Court at Lucknow for the declaration of rights in the premises and also seeking an injunction directing the landlords to restore and continue the supply of electric energy which had been disconnected by the landlords. The firm also obtained an interim injunction in regard to the supply of electric energy which order however led to further litigation at higher level between the parties.
The claim of the petitioner firm in the suit was that by reason of the provisions of the U.P. (Temporary) Control of Rent and Eviction A