Das, J.:- This is an application under Article 226 of the Constitution of India directed against the order passed by the learned District Magistrate, Kamrup conveyed vide Memo No. KAC. 16/81/31/8801-04 dated 26/29-6-81 (Annexure-VI) thereby rejecting the application of the petitioner praying for renewal of Touring Cinema Licence. The petitioner obtained a Touring-Cinema Licence on 19. 4. 76 under Licence No. 4064/G of 1976 valid upto 30.6.76, which has been annexed to this petition as Annexure-1 with the terms and condition contained therein. The initial licence granted in favour of the petitioner runs as follows :- "Office of the Deputy Commissioner, Kamrup, Gauhati. (Judicial Branch), No. 4064/G Dated 19. 4. 1976. To Shri Ranjit Kumar Bose, Proprietor, "Zagriti Touring" Temporary Touring Cinema, Gauhati. Sub : Licence for exhibition of temporary touring cinema. Reference : As per direction given in connection with letter No. GCN. 13/76/3 dated 9.4.76 issued by the Secretary to the Government of Assam, General Adminis­tration. This licence is granted in your favour allowing you to exhibit temporary touring cinemas in the name of "Zag­riti Touring" within the Kamrup District with effect from today till 30.6.76 in pursuance of direction from the State Government. You will not be entitled to exhi­bit any cinema after the expiration of the said period, and if you want to get extension of the period, then you shall have to submit an application with all valid certificates one month before the expiration of the period. It may also be mentioned that a valid certificate from the Film Division for the approved period shall be pro­duced within two months. On your failure to do this, necessary action will be taken against you. You are hereby directed to comply with the following terms and condi­tions. Sd/- Achyut Chandra Sarma Deputy Commissioner, Kumrup Gauhati. It appears that there is a clause in the licence itself to the effect that the petitioner was to submit an application with all valid certificates/within one month before the expiry of the period to get extension of the period of licence. Thereafter, the petitioner got extension by way of renewal of his Touring Cinema Licence from time to time upto 30.9.79, as stated by the petitioner in paragraph 6 of his petition. Thereafter, the petitioner got extension by way of renewal of his Touring Cinema Licence from time to time upto 30.9.79, as stated by the petitioner in paragraph 6 of his petition. The petitioner continued to exhibit cinema shows upto 3.7.81 and there was no objection from the authority concerned in exhibiting cinema shows by the petitioner though formal renewal order was not issued to that effect. While the petitioner made an application praying for renewal of his Licence sometime on 29.4.81, the learned District Magistrate did not consider his petition on the ground that there is no provision under the law for renewal of the cinema licence of this nature. The learned District Magistrate has observed that since there is no provision under the law for renewal of such licence and as the period of licence granted to the petitioner has already expired, it was not necessary to pass any order. The renewal petition submitted by the petitioner was directed to be filed. 2. Mr. S. N. Medhi, learned Counsel appearing on behalf of the petitioner has submitted before me that his clients' petition was not considered by the learned District Magistrate on the assumption that there is no provision for renewal of a Touring Cinema Licence. Mr. Medhi has drawn my atten­tion to the provision of Rule 23 of the Assam Cinemas (Regula­tion) Rules 1960 under Part-II of the Rules and has submi­tted that by virtue of the provision as laid down under Rule 69(b), the provisions of Rules in Part-II is applicable "mutatis mutandis" in the case of licence for touring cinemas as prescribed in Part-III of the Rules. That on referring to these two pro­visions Mr. Medhi has submitted that Rules 23 and 69 of the Rules, if read together, having clearly provided for renewal of a licence for touring cinema and in the instant case, the pe­titioner having applied for renewal of the licence enclosing all necessary documents, the District Magistrate acted illegally and in clear violation of the provisions of the Rules in refusing to renew the licence on the alleged ground that there was no provision under the law for renewal of the licence. The aver­ments made by the petitioner in his petition and affidavit have not been controverted by the respondents. Mr. The aver­ments made by the petitioner in his petition and affidavit have not been controverted by the respondents. Mr. D. C. Mahanta, learned Government Advocate has submitted before me that the District Magistrate is the authority to grant licence on the approval of the State Government and the petitioner cannot claim as of right, a renewal of his licence though earlier his licence was renewed from time to time on his application. On perusal of order passed by the District 'Magi­strate it appears that the provisions of the Rules and the act have not been considered in passing the order on the application made by the petitioner for renewal of his touring cinema licence. In fitness of the case, it is desirable that the application made by the petitioner before the learned District Magi­strate should be considered as to whether the licence of the petitioner can be renewed or not. It is upto the District Magi­strate to consider his application and to pass necessary orders according to the provisions of Assam Cinemas (Regulation) Act, 1953 and the Assam Cinemas (Regulation) Rules, 1960, as amended. On going through the various provisions of the aforesaid Act and the Rules, it appears that the provision for renewal of licence for a permanent cinema house is applicable to the case of Touring Cinema Licence and the Rules does not debar renewal of a Touring Cinema Licence for considera­tion by the authority concerned in an appropriate case. 3. With the above observations, the writ application is allowed and the impugned order passed by the District Magi­strate is set aside. The District Magistrate will now dispose of the application for renewal of the Touring Cinema Licence filed by the petitioner within a month from the date of this order and pass necessary orders applying his judicial mind by going through the provisions of the Act and the Rules. Rule made absolute. The petition is allowed. There will be no order as to costs.