Dismissed

Shivaraj B S v. the Deputy Commissioner and District Magistrate

Karnataka HC17 Mar 2023WP/454/2023

Case brief

AI extract

What is this about?

Petitioner sought writ mandamus for transfer and renewal of a cinema theatre licence underlying a pending civil suit regarding title derivative of an unregistered Will. The court adjudicated the procedural status for filing fresh renewal applications contingent on future probate.

What did the court decide?

Liberty granted to obtain probate of Will and approach the licensing authority for renewal after probate is obtained and pending civil remedies conclude.

Shivaraj B S Vs the Deputy Commissioner and District… — Property and Title | Karnataka HC (2023)

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1 - WP No. 454 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO.454 OF 2023 (C)

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BETWEEN:

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SHIVARAJ B.S. S/O. SACHIDANANDASWAMY AGED ABOUT 26 YEARS PROPRIETOR SRI MAHESHWARICHITRAMANDIRA 36TH CROSS, BANNERGHATTA MAIN ROAD TAVAREKERE, BENGALURU DISTRICT KARNATAKA-560 076.

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…PETITIONER

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(BY SRI ABHINAY Y.T., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE BENGALURU URBAN DISTRICT KANDAYABHAVANA K.G. ROAD, BENGALURU KARNATAKA-560 001.

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SRI SHIVAJI RAO M. POAL S/O. LATE M.K. POAL AGED ABOUT 49 YEARS R/AT NO.198, IIND WARD BAZZAR ROAD, SANDUR BELLARY DISTRICT-583 119.

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(AMENDED AS PER COURT ORDER DATED 08.02.2023.)

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…RESPONDENTS

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WP No. 454 of 2023

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(BY SRI MANJUNATH K.V., ADVOCATE FOR R.2; SRI G.M. CHANDRASHEKAR, AGA FOR R.1)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRTT OR ORDER AND DIRECT THE RESPONDENT TO TRANSFER AND RENEW THE LICENCE BEARING MAG (2) ENT/30/2009-2010 ISSUED FOR "SRI MAHESHWARI CHITRA MANDIRA, 36TH CROSS, BANNERGHATTA MAIN ROAD, TAVAREKERE, BENGALURU" IN FAVOUR OF THE PETITIONER, WITHOUT INSISTING FOR THE ORDER DATED 08.09.2016 (ANNEXURE-B) TO BE SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner claims that his grandfather namely, Madaiah was granted with a licence to establish touring cinema and the said licence was converted from touring cinema into temporary cinema theatre. The same was renewed from time to time. After the death of his grandfather, the licence was transferred in favour of the son of the licencee i.e., the uncle of the petitioner. During his life time, the uncle of the petitioner submitted an application for renewal of licence for a further period of one year. The Deputy Commissioner concerned rejected the application stating that the suit in O.S.No.6024/2015 filed by the second respondent is pending consideration. The order passed by the Deputy Commissioner

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WP No. 454 of 2023

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was impugned before this Court and this Court had dismissed the said case by confirming the order passed by the Deputy Commissioner.

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Thereafter, the jurisdictional Civil Court by the judgment and decree dated 31.01.2022 dismissed the suit in O.S.No.6024/2015 filed by the second respondent holding that the second respondent has failed to establish the title over the subject property and also failed to establish their exists an jural relationship of landlord and tenant between the second respondent and uncle of the petitioner. The said judgment and decree is impugned by the second respondent before this Court in RFA No.1104/2022, which is pending consideration. The petitioner submitted an application with the Deputy Commissioner concerned for renewal of licence. The Deputy Commissioner concerned has not considered the said application stating that the earlier order has not been set aside and the same has attained finality.

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Heard the learned counsel appearing for the parties.

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Admittedly, the petitioner is claiming for renewal of

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licence on the basis of unregistered Will alleged to have been

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WP No. 454 of 2023

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executed by his uncle. Unless a probate is granted in favour of the petitioner, the petitioner is not entitled for renewal of licence on the basis of an unregistered Will. Therefore, this petition stands disposed of granting liberty to the petitioner to obtain probate of the Will alleged to have been executed in his favour from the jurisdictional Court and if such probate is granted, the petitioner is at liberty to file an application with the first respondent for renewal of licence bearing No.MAG(2) ENT.30/2009-10 in the name of "Sri.Maheshwari Chitra Mandira". If such an application is submitted by the petitioner, the first respondent to consider the same in accordance with law, dehors the order dated 08.09.2016, and subject to outcome of RFA No.1104/2022.

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Sd/JUDGE

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VMB

Shivaraj B S v. the Deputy Commissioner and District Magistrate

Case brief

What is this about?

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Shivaraj B S v. the Deputy Commissioner and District Magistrate

Case brief

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