1. On a reference made by one of us (Puttaswamy, J.) these cases have been posted before us for disposal.

2. As common questions of law arise for determination in these cases, I propose to dispose of them by a common order.

3. All the petitioners hold licences called 'Touring Cinema Licences' issued in their favour by the concerned District Magistrates of the Districts ('DMs') presently under the Karnataka Cinemas (Regulation) Act of 1964 (Karnataka Act 23 of 1964) ('the Act') and the Karnataka Cinemas (Regulation) Rules, 1971 ('the Rules') for exhibiting films at the places detailed in their respective licences. The licences have been re - granted from time to time and were due for re - grant sometime before 3-5-1984 or immediately thereafter as is the case.

4. After a series of amendments to the Rules, their periodical and endless challenges before this Court, which so far regretfully ended up only in abortive results, to which aspect I will have occasion to refer to it in some detail at a later stage, Government of Karnataka in exercise of the powers conferred on it by S. 19 of the Act, in Notification No.HD 35 CNL 78 dt. 12-4-1984 published in the Karnataka Gazette dt. 3-5-1984 promulgated the Karnataka Cinemas (Regulation) (Amendment) Rules, 1984 ('1984 Amendment Rules') making certain amendments to Rr.90, 96 and 107 of the Rules. When the licensing authorities functioning under the Act with no choice left in the matter were enforcing or had sought to enforce the Rules as amended on 12-4-1984, the petitioners as in the past have again approached this Court challenging the validity of S. 19(2)(c) of the Act and Rr. 96(5) and (5A) and 107 of the Rules.

5. As on 1-11-1956, on which day the new State of Mysore now called 'Karnataka' comprising of the areas specified in S. 7 of the States Reorganisation Act '(SR Act') came into being, the Mysore Cinemas (Regulation) Act, 1952; the Madras Cinemas (Regulation) Act, 1955; the Bombay Cinemas (Regulation) Act, 1953; the Hyderabad Cinemas (Regulation) Act, 1952 and Part - III of the Cinematograph Act, 1952 (Central Act 37 of 1952) were in force in the respective integrating areas, which by S. 119 of the SR Act, continued to be in force in the respective areas.

6. The new State by virtue of the powers derived by Art. 246 of the Constitution and Entry 33 of List - II (State List) of the 7th Sch. to the Constitution, enacted the uniform Act. The Act is a consolidating and amending Act. The Act which received the assent of the President on 10-4-1964 came into force on 15-3-1971 (vide Notification No.HD 50 CNA 62 (S.O. No. 479) dt. 6-3-1971 and S. 1(3) of the Act). S.23 of the Act repealed the previous enactments that were in force in the corresponding areas of the new State.

7. Before bringing the Act into force Government in exercise of the powers conferred by S. 19 of the Act also framed the Rules. R.117 of the Rules repealed all the corresponding Rules in the corresponding areas. The Rules published in the Karnataka Gazette dt. 10-3-1971 came into force from 15-3-1971 on which day the Act also came into force.

8. Part IV Chapter XII of the Rules while adopting certain Rules dealing with permanent cinemas, made special provisions for 'touring cinemas'. The Rules as originally framed provided for grant of a 'No objection certificate' ('NOC'), a licence for a period not exceeding one year and did not provide for re - grant or renewal of a licence for a touring cinema once issued thereunder. But, the Karnataka Cinemas (Regulation) (First Amendment) Rules, 1974 ('1974 Amendments') framed by Government on 16-4-1974 published in the Karnataka Gazette dt. 25-4-1974 that came into force from that day, making various amendments to the Rules with which we are not concerned, for the first time provided for re - grant of touring cinema licences, stoppage of shows for a period of one month after the expiry of one year and placed certain restrictions on the grant of touring cinema licences. The val