The High Court dismissed the writ petition filed by K.S.L. & Industries Ltd. regarding cinema licensing and multiplex business proposals, holding the petition devoid of merit as it could not entertain disputed questions about premises legality and approvals.
The writ petition is dismissed as it is devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
suresh
27-WP-7814.2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7814 OF 2013
K.S.L. & Industries Ltd. .... Petitioner Vs. Union of India & Others .... Respondents
Mr. Dinesh Kumar Jain i/by PKA Advocates for the Petitioner. Mr. D.A. Dube with Mr. N.R. Prajapati and Mr. Y.R. Mishra for the Respondent No.1-UoI. Mr. Shrishailya S. Deshmukh for the Respondent Nos.2 to 5.
CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : JULY 11, 2016
P.C:
This writ petition does not pertain to renewal of
licence or any application pending in that behalf. That is stated
to be another application and for cinema licence or a licence to
exhibit films for the public, as certified by the Board constituted under the Cinematograph Act, 1952. However, there is a proposal to instal multi-screens and what is now popularly
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suresh 27-WP-7814.2013.doc
known as multiplex business. If such an application is pending, or is already decided and adverse to the interest of the petitioner, then, in that event, the writ petition is not the remedy for the petitioner. We cannot go into the disputed question as to whether a premises in which such business was to be set up are legal and authorised and after all the approvals and permissions required in law. The writ petition is devoid of merit and is dismissed.
(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)
2 issues framed by the court
Whether the writ petition regarding cinema licence renewal or multiplex business approval has merit.
Whether the petitioner can seek remedy under writ proceedings for disputes regarding premises legality and approvals.
1 provisions across 1 enactments
K.S.L. & Industries Ltd.
Union of India
Others
S.C. DHARMADHIKARI
DR. SHALINI PHANSALKAR-JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
