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2009 (11) TMI 840

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....tc., the Prabhari Adhikari, town area vide its order dated April 6, 1987 granted permission for the aforesaid construction. The petitioner also applied for necessary directions to raise construction of the cinema hall before the licensing authority, i.e., District Magistrate under rule 3 of the U.P. Cinematography Rules, 1951. Certain queries were made by the District Magistrate regarding ownership, etc., and the matter was referred to the State Government. In the meantime, the petitioner undertook the construction in accordance with approved map, etc., and applied for licence. In the meantime, certain amendments came in the Cinematography Rules itself, namely, rule 39A was amended and rule 44 was inserted by notification dated April 27, 19....

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....been given the relevant licence. The petitioner had no option, but to challenge the aforesaid order by filing the Civil Misc. Writ Petition No. 20418 of 1989 before this court. This court vide its order dated January 23, 1990 granted an interim order to the authorities to dispose of the application of the petitioner for grant of licence without requiring him to fulfil the conditions of filing the agreement for not claiming the benefit under the said promotion scheme. According to the learned counsel for the petitioner, the benefit of the promotion scheme was not allowed to the petitioner and entertainment tax was recovered from him. In the meantime, the petitioner was also granted licence, but he was not allowed the benefit of the exempt....