Citation : 2021 Latest Caselaw 5190 AP
Judgement Date : 14 December, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTEENTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY ONE :PRESENT: (prt es. THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH RO' 1.A. No. 1 of 2021 IN W.P. Nos. 27268, 27336 and 29635 of 2021 l.A.No. 1 of 2021 in W.P.No. 27268 of 2021 :- Between :- regis 1. M/s.Lakshmi-Sri Lakshmi A/c Theatres, Tenali, Guntur District rep. by its Manager P. Vasudeva Rao, S/o. Raja Rao, aged 51 years. 2. Sangameswari -Mini Sangaswari A/c.Theatres, Tenali, Guntur District, rep. by its Partner Balakrishnam Raju S/o.Venkateswara Raju, aged 44 years. 3. M/s.Priya-Sri Priya A/c. Theatres, Tenali, Guntur District, rep. by its Manager Venkatanarayana, S/o. Rama Rao, aged 48 years. 4. Pemmasaani A/c Theatre, Tenali,, Guntur District, rep.by its Manager P. Pothuraju, S/o. Narayana, aged 54 years. ...Petitioners (Petitioners in W.P.No. 27268 of 2021 on the file of High Court) AND 1.State of Andhra Pradesh, rep. by its Principal Secretary Home (General.A.) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2.The District Collector and Licensing Authority, Guntur, Guntur District. ...Respondents
- (Respondents in-do-) Counsel for the Petitioners : SRIV. V. SATISH Counsel for the Respondents :GP FOR HOME
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the respondents to permit the petitioner to run their theatres as per the rates prevailing prior to passing of impugned order pending disposal of W.P. No. 27268 of 2021, on the file of the High Court.
1.A.No. 1 of 2021 in W.P.No. 27336 of 2021 :- Between :
M/s. Sai Lakshmi- Sri Sai Lakshmi Theatres, A/C, Rep. by its Proprietor, Pusarla Pavan Kumar, S/o. PSN Kumar, Aged 45 years, Sai Lakshmi Complex, Main Road, Chodavaram, Anakapalli Mandal, Visakhapatnam District. ...Petitioner (Petitioner in W.P.No. 27336 of 2021 on the file of High Court) AND
1.State of Andhra Pradesh, rep. by its Principal Secretary Home (General. A.) Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2.The District Collector and Licensing Authority, Visakhapatnam District.
3.The Revenue Divisional Officer, Anakapalli, Visakhpatnam District. ...Respondents (Respondents in-do-) Counsel for the Petitioners. : SRIV. V. SATISH Counsel for. the Respondents :GP FOR HOME
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the respondents to permit the petitioner to run their theatres as per the rates prevailing prior to passing of impugned order pending disposal | of W.P. No. 27336 of 2021, on the file of the High Court.
Contd...2...
10.
11.
1.A.No. \ OF 2021 IN
WP No. ___ OF 2021 BETWEEN: LQ by
Himagiri A/c DTS Rep by its Managing Partner K Satyanarayana Naidu S/o Surappa Naidu Aged about 50 Years R/o Vizianagaram, Vizianagaram District.
Sapthagiri A/C DTS
Rep. by its Managing Partner
K. Satynarayana Naidu S/o Surappa Naidu
Aged about 50 years R/o Vizianagaram Vizianagaram District.
Ganga Raju Kala Mandir A/c DTS Rep, by its Managing Partner N.V.B. Bangara Raju S/o Late Ganga Raju Aged about 50 years R/o Gajapathinagaram Vizianagaram District.
Surya Mathal A/c DTS Rep. by its Managing Partner B. Rama Chandra Raju S/o Appala Narasimha Raju Aged about 50 years R/o Gajapathinagaram, Vizianagaram District.
Sri Venkateswara A/C DTS Rep. by its Managing Partner P.Varaha lamma W/o Sankar Rao Aged about 55 years R/o 3 Kota, Vizianagaram District,
Lakshmi Narnasimha A/C DTS Rep. by its Managing Partner K. Gandhi, S/o China Veera Raju Swamy Aged about 55 yeara R/o Kothavalasa, Vinanagaram District.
Soundarya A/c DTS Rep. by its Managing Partner, S Mutujaya Rao, S/o Sri Ram Murthy late, Aged about 55 years, R/o Parvathipuram, Vizianagaram District.
Anuragh A/c DTS
Rep, by its Managing Partner.
G. Babu Rao, S/o Late Venkata Ratnam,
Aged about 60 years, R/o Cheepurupalli, Vizianagaram District,
Amogh A/c DTS"
~ Rep, by its Managing Partner, G. Babu Rao, S/o Late Venkata Ratnam,
Aged about 50 years, R/o Cheepurupalli, Vizianagaram District
Srinivasa Theatre A/c DTS
Rep, by its Managing Partner, .
A. Rama Krishna, S/o Demulu, Aged about 50 years, R/o S.Kota, Vizianagaram District.
Sri Jaya Theatre A/c DTS - .
Rep, by its Managing Partner, P. Mani Kumar, S/o Ganga Naidu, Aged about 50 years, R/o Kothavalasa, Vizianagaram District.
12,
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25,
Sri Krishna Cinema A/c DTS x Rep. by its Managing Partner, ~
-P, Nageswara Rao, S/o Late Uday Bhaskar,
Aged about 55 years, R/o Vizianagaram District.
Vishnu A/c DTS
Rep. by its Managing Partner,
D. Chandra Rani, W/o Sathish Varma,
Aged about 56 years, R/o Cheepurupalli, Vizianagaram District.
Vamsi A/c DTS
Rep. by its Managing Partner,
D. Chandra Rani, W/o Satish Varma,
Aged about 56 years, R/o Cheepurupalli, Vizianagaram District.
Vaibhav A/c DTS
Rep. by its Managing Partner,
D. Chandra Rani, W/o Satish Varma,
Aged about 56 years, R/o Cheepurupalli, Vizianagaram District.
Raja Picture Palace A/c DTS
Rep. by its Managing Partner,
T. Manikyala Rao, S/o Ammula Naidu,
Aged about 55 years, R/o Kothavalasa, Vizianagaram District.
Venkateswara Kala Mandir A/c DTS Rep. by its Managing Partner, . |
- P.V.K. Mani Kumar, S/o Late Ramana Murthy,
Aged about 56 years, R/o Parvathipuram, Vizianagaram District.
Sai Krishna Talkies A/c DTS Screen I and I. Rep. by its Managing Partner, A. Rama Rao, Aged about 50 years, R/o Pushapatirega, Vizianagaram District. .
Sri Kanya A/c DTS
Rep. by its Managing Partner,
K. Appala Raju, S/o Late Narasimha Murthy, Aged about 55 years, R/o Visakhapatnam District
Lakshmsi Narasimha A/c DTS Screen 1
Rep. by its Managing Partner,
T, Ramana Gupta, S/o T.V.S. Ganga Raju,
Aged about 56 years, R/o 104 Area, Visakhapatnam District.
Lakshmsi Narasimha A/c DTS Screen 2
Rep. by its Managing Partner,
T, Ramana Gupta, S/o T.V.S. Ganga Raju,
Aged about 56 years, R/o 104 Area, Visakhapatnam District.
Annapurna Theatre A/c DTS
Rep. by its Managing Partner,
T. Ramana Reddy, S/o Appa Rao, .
Aged about.55 years, R/o Kuramannapalem, Visakhapatnam District.
Sai Lakshmi A/c DTS Screen 1
Rep. by its Managing Partner,
P.S.R. Kumar, S/o Seetha Ramana,
Aged about 50 years, R/o Chodavaram, Visakhapatnam District.
Sri Lakshmi A/c DTS Screen 2
Rep. by its Managing Partner,
P.S.R. Kumar, S/o Seetha Ramana,
Aged about 50 years, R/o Chodavaram, Visakhapatnam District.
Sai Siri Max A/c DTS
Rep. by its Managing Partner,
P.S.R. Kumar, S/o Seetha Ramana,
Aged about 50 years, R/o Chodavaram, Visakhapatnam District.
27.
28..
29.
30,
31.
32.
33.
35.
36.
37.
38,
39.
Tata Picture Palace A/c DTS Rep, by its Managing Partner, P,. Lakshmi, W/o Satyanarayana,
Aged about 50 years, R/o Chittivalasa, Visakhapatnam District,
Ganesh Theatre A/c DTS Rep. by its Managing Partner, P, Nageswara Rao, S/o Late Udaya Bhaskar,
Aged about 50 years, R/o Chittivalasa, Visakhapatnam District.
Sita Chitra Mandir A/c DTS Rep, by its Managing Partner, -- A. Tulasi Rao, S/o Late Venkata Ramayya,
Aged about 60 years, R/o Yellamanchil;, Visakhapatnam District.
Tulasi Chitra Mandir A/c DTS Rep. by its Managing Partner, A, Tulasi Rao, S/o Late Venkata Ramayya,
Aged about 60 years, R/o Yellamanchili, Visakhapatnam District.
Lakshmi Kanta A/c DTS Rep. by its Managing Partner, G.S. Ramachandra Rao, S$ /o Late Seshayya,
Aged about 60 years, R/o Gajuwaka, Visakhapatnam District.
Lakshmi A/c DTS Rep. by its Managing Partner, G.S: Ramachandra Rao, S/o Late Seshayya,
'Aged about 60 years, R/o Gajuwaka, Visakhapatnam District,
Vishesh A/c DTS Rep. by its Managing Partner, G.S. Ramachandra Rao, S/o Late Seshayya,
Aged about 60 years, R/o Gajuwaka, Visakhapatnam District,
Satyam Theatre A/c DTS Rep. by its Managing Partner, M. Satyanarayana, S/o Venkanna
Aged about 60 years, R/o Gopalapatnam, Visakhapatnam District,
Sankar Theatre A/c DTS Rep. by its Managing Partner, M. Satyanarayana, S/o Vekanna
Aged about 60 years, R/o Gopalapatnam, Visakhapatnam District.
Sarada A/c DTS
Rep. by its Managing Partner,
V. Jagadish Kumar, S/o Challam, Aged about 58 years,R/o Visakhapatnam District,
Rama Devi A/c DTS
Rep. by its Managing Partner,
V. Jagadish Kumar, S/o Challam,
Aged about 58 years, R/o Visakhapatnam District.
Melody A/c DTS
Rep. by its Managing Partner,
A. Lakshmana Rao, S/o Ranga Rao
Aged about 55 years, R/o Visalchapatnam District.
Sangam A/c DTS, Sarath A/c DTS
Rep. by its Managing Partner,
K, Mahendra Reddy, S/o Late K. Rama Reddy, Aged about 60 years, R/o Visakhapatnam District,
Sri Venkateswara A/c DTS Rep. by its Managing Partner,
J, Vayundara Rao, S/o Mallikarjuna Rao, -
Aged about 56 years, R/o Visakhapatnam District,
40.
41.
42.
43.
44,
45.
46.
47.
48.
49.
50.
Sl.
o2.
93,
Venkateswara A/c DTS
Rep. by its Managing Partner,
J, Vayundara Rao, S/o Mallikarjuna Rao,
Aged about 56 years, R/o Visakhapatnam District.
Kinnera A/c DTS
Rep. by its Managing Partner,
P, Samba Murthy, S/o Late Vasudeva Rao,
Aged about 60 years, R/o Visakhapatnam District.
Kameswari A/c DTS
Rep. by its Managing Partner, ;
P, Samba Murthy, S/o Late Vasudeva Rao,
Aged about 60-years, R/o Visakhapatnam District.
Uravasi A/c DTS
Rep. by its Managing Partner, -
D. Purushothma Reddy, S/o Saithappa Reddy,
Aged about 65 years, R/o Kancharapalem, Visakhapatnam District.
Narasinha A/c DTS
Rep. by its Managing Partner,
P.G.V.R. Naidu S/o Appala Narasimha,
Aged about 60 years, R/o Gopalapatnani, Visakhapatnam District.
Sri Narasimha A/c DTS Rep. by its Managing Partner, P.G.V.R. Naidu S/o Appala Narasimha, Aged about 60 years, R/o Gopalapatnam, Visakhapatnam District.
S.T.B.L. A/c DTS Screen -1,
Rep. by its Managing Partner,
G. Veerabhadra Rao, S/o Samba Siva Rao,
Aged about 50 years, R/o Sheela Nagar, Visakhapatnam District. S.T.B.L. A/c DTS Screen -2
Rep. by its Managing Partner,
G. Veerabhadra Rao, S/o Samba Siva Rao, . Aged about 50 years, R/o Sheela Nagar, Visakhapatnam District.
S8.T.B.L. A/c DTS Screen -3 & 4
Rep. by its Managing Partner,
G. Veerabhadra Rao, S/o Samba Siva Rao,
Aged about 50. years, R/o Sheela Nagar, Visakhapatnam District.
Balaju Village A/c DTS Screen 1
Rep. by its Managing Partner,
A, Penta Rao, S/oRanga Rao
Aged about 55 years, R/o Atchutapuram, Visakhapatnam District.
Balaju Village A/c DTS Screen 2
Rep. by its Managing Partner,
A. Penta Rao, S/oRanga Rao
Aged about 55 years, R/o Atchutapuram, Visakhapatnam District.
Venkateswara Movie Mart A/c DTS
Rep. by its Managing Partner,
M. Venkata Rao, S/o Ramu Naidu,
Aged about 50 years, R/o Anakapalli, Visakhapatnam District.
Sri Satya A/c DTS .
Rep. by its Managing Partner,
K. Govinda Rajulu, S/o Appa Rao,
Aged about 55 years, R/o Anakapalli, Visakhapatnam District.
Satyanarayana A/c DTS
Rep. by its Managing Partner,
K. Ramalinga Swamy, S/o Appa Rao,
Aged about 55 years, R/o Anakapalli, Visakhapatnam District.
99.
56.
97,
58.
09.
60.
61.
62.
63.
64.
65.
66.
67.
Mini Satyanarayana A/c DTS
Rep. by its Managing Partner,
K. Ramalinga Swamy, S/o Appa Rao, .
Aged about 55 years, R/o Anakapalli, Visakhapatnam District,
Parthi Sai A/c DTS
Rep. by its Managing Partner,
P, Suresh Kumar, S/o Seetha Ramana, R/o Anakapalli, Visakhapatnam District.
Shiridi Sai A/c DTS
Rep. by its Managing Partner,
P. Suresh Kumar, S/o Seetha Ramana, R/o Anakapalli, Visakhapatnam District,
Jagadamba A/c DTS
Rep. by'its Managirig Partner,
V. Jagadish Kumar, S/o V.V, Chalam, R/o Visakhapatnam District.
Jyothi A/c DTS
Rep. by its Managing Partner,
D. Suresh Babu, S/o Rama Naidu,
Aged about 50 years, R/o Visakhapatnam District.
Sri Rama Theatre A/c DTS
Rep. by its Managing Partner,
D, Teja , S/o Late J.B.K. Chowdary, . Aged. about 50 years, R/o Visakhapatnam District, |
Sukanya A/c DTS
'Rep. by its Managing Partner,
T. Sri.Ram Murthy, Aged about 60 years, R/o Gopalapatnam, Visakhapatnam District.
Sowjanya A/c DTS
Rep. by its Managing Partner,
T. Sri Ram Murthy, Aged about 60 years, R/o Gopalapatnam, Visakhapatnam District.
Aruna Picture Palace A/c DTS
Rep. by its Managing Partner,
T. Nitish, S/o China Appa Rao,
Aged about 60 years, R/o Pedagantyada, Visakhapatnam District.
Nataraju A/c DTS Screen 1 _
Rep. by its Managing Partner,
P, Govind Satyanarayana, S/o Mahalakshmi Naidu,
Aged about 50 years, R/o Pendurthi, Visakhapatnam District.
Nataraju.A/c DTS Screen -2
Rep. by its Managing Partner,
P. Govind Satyanarayana, S/o Mahalakshmi Naidu,
Aged about 50 years, R/o Pendurthi, Visakhapatnam District.
Theatre Ramachandra A/c DTS
Rep. by its Managing Partner,
D.V.V. Gopala Raju, S/o Appala Raju,
Aged about 55 years, R/o Anakapalli, Visakhapatnam District.
Parameswari Picture Palace A/c DTS
Rep. by its Managing Partner, |
K. Surya Nageswara Rao, S/o Sanyasi Naidu,
Aged about 60 years, R/o Yellamanchili, Visakhapatnam District.
Ramulamma A/c DTS
Rep. by its Managing Partner,
Ch.Naidu, Aged about 50 years,
R/o Tagarapuvalasa, Visakhapatnam District.
68.
69.
70.
71.
72.
73.
74,
75.
76.
77.
78,
79.
80,
81.
Balaji Village Cinema A/c DTS Screen-1 Rep. by its Managing Partner,
P, Rama Rao, Aged about 52 years,
R/o Sabbavaram, Visakhapatnam District.
Balaji Village Cinema A/c DTS Screen - 2 Rep. by its Managing Partner,
P, Rama Rao, Aged about 52 years, ©
R/o Sabbavaram, Visakhapatnam District.
Venkata Vema A/c DTS
Rep. by its Managing Partner,
K. Ramesh, Aged about 48 years,
R/o Vemulapudi, Visakhapatnam District.
Kanakaratna A/c DTS
Rep. by its Managing Partner,
T. Suresh Kumar, S/o Nalln Kumar Aged about 45 years, R/o Mudugula, Visakhapatnam District. .
Ravi Sankar A/c DTS
Rep. by its Managing Partner,
T. Veera Raju, S/o Late Kameswara Rao,
Aged about 56 years, R/o Palasa, Srikakulam District.
Sri Uma Sankar A/c DTS
Rep. by its Managing Partner,
G. Anand Rao,S/o Narasimhulu, Aged about 60 years, R/o Kotturu, Srikakulam District.
Sri Gowari Sankar A/c DTS
Rep. by its Managing Partner,
G. Anand Rao, S/o Pentayya,
Aged about 55 years, R/o Kotturu, Srikakulam District.
Bhaskar Rama Theatre A/c DTS
Rep. by its Managing Partner,
P. Krishnada Swamy, S/o Sri Ramulu, R/o Palasa, Srikakulam District.
Surya Mahal A/c DTS
Rep. by its Managing Partner,
B.V. Satyanarayana, S/o Late Anjaneyulu, Aged about 50 years, R/o Srikakulam District.
Sunmax A/c DTS
Rep. by its Managing Partner,
P. Anand Rao, S/o Late Sanjeeva Rao,
Aged about 50 years, R/o Srikakulam District.
Maruthi A/c DTS
Rep. by its Managing Partner, . .
P. Rama Krishna, S/o Suryanarayana,
Aged about 60 years, R/o Srikakulam District.
Kinnera Deluxe A/c DTS Rep. by its Managing Partner, . . P. Sobha Rani, W/o Prabhakar Rao, " Aged about 55 years, R/o Srikakulam District.
e
Keerthana A/c DTS
Rep. by its Managing Partner,
P,. Sobha Rani, W/o Prabhakara Rao,
Aged about 55. years, R/o Srikakulam District.
Keerthika A/c DTS
Rep. by its Managing Partner,
P. Sobha Rani, W/o Prabhakara Rao,
Aged about 55 years, R/o Srikakulam District.
83.
84.
85.
86.
87.
88.
89.
90.
9].
92.
93.
94.
95.
Venkateswara A/c DTS
Rep. by its Managing Partner,
P. Sri Ram Murthy, S /o Ramulu,
Aged about 50 years, R/o Palasa, Srikalailam District.
Sri Varalakshmi A/c DTS
Rep. by its Managing Partner,
M. Chandra Rao, Aged about 52 years, R/o Heeramandalam, Srikakulam. District.
Poorna A/c DTS
Rep, by its Managing Partner,
Poorna Chandra Roulu, S/o Lakkan Rowolu, R/o Ichapuram, Srikakulam District.
Mahalakshmi A/c DTS
Rep. by its Managing Partner,
K. Nageswara Rao, Aged about 50 years, R/o Kabiti, Srikakulam District.
Siva Krishna A/c DTS
Rep. by its Managing Partner,
L. Nageswara Rao, Aged about 50 years, R/o Kotabommali, Srikakulam District.
Rama Kala Mandir A/c DTS
Rep. by its Managing Partner,
P, Appala Swamy, S/o Surapa Naidu, R/o Palakonda, Srikakulam District.
Sri Sai Rama Kala Mandir A/c DTS
Rep. by its Managing Partner,
P. Appala Swamy Naidu, S/o Surapa Naidu, R/o Palakonda, Srikakulam District.
Sri Devi A/c DTS
Rep. by its Managing Partner,
J.J. Mohan Rao, Aged about 54 years, R/o Amudulavalasa, Srikakulam District.
S.V.C. Ramalakshmana A/c DTS
Rep. by its Managing Partner,
A. Suryanarayana, S/o Late Gunnaiah,
Aged about 43 years, R/o Srikakulam, Srikakulam District.
Saptagiri A/c DTS
Rep. by its Managing Partner,
K. Surapa Naidu, S/o Sathyam Naidu, .
Aged about 50 years, R/o Chittivalasa, Vishakapatnam District.
S.V.C. Likitha A/c DTS Rep. by its Managing Partner,
P. Satyanarayana, S/o Veeranna,
R/o Sriharipuram, Vishakapatnam District,
Sri Leela Mahal A/c DTS
Rep. by its Managing Partner,
R.V. Suneetha , W/o R.V, Prasad,
R/o Vizianagaram District. .
Aditya Theatre A/c DTS
Rep. by its Managing Partner,
K. Ravindra Kumar, S/o Simhachalam, R/o Vizianagaram District.
Mourya A/c DTS
Rep. by its Managing Partner,
M., Paidi Thalamma, W/o Appala Narasimham,
Aged about 68 years, R/o Gopalapatnam, Visakhapatnam District.
96.
97.
98.
99,
100.
101,
102.
103.
104.
105.
106.
107.
108.
109.
S.T.B.L's Cine World Screen-] & 2
Rep. by its Managing Partner, .
G. Veerabhadra Rao, S/o Sambasiva Rao, .
Aged about 50 years, R/o Madhurawada, Visakhapatnam District.
NCS Multiflex Screen 1, 2 &3 A/c
Rep. by its Managing Partner,
B.V. Srinivasulu, S/o Janardhan Rao,
Aged about 52 years, R/o Vizianagaram, Vizianagaram District.
CMR Central A/c Screen 1,2,3 & 4.
Rep. by its Managing Partner,
B.V. Srinivasulu, S/o Janardhan Rao,
Aged about 52 years, R/o Visakhapatnam, Visakhapatnam District.
Kanya A/c DTS Screen 1
Rep. by its Managing Partner,
K, China Gurumurthy, S/o Late Devallu, _
Aged about 60 years, R/o Gajuwaka, Visakhapatnam District.
Sri Kanya A/c DTS Screen 2 & 3
Rep. by its Managing Partner, .
K. China Gurumurthy, S/o Late Devallu,
Aged about 60 years, R/o Gajuwaka, Visakhapatriam District.
Muktas A/c DTS Screen 1,2 & 3 y Rep. by its Managing Partner, | K. Mahendra Reddy, S/o Venkata Reddy Aged about 60 years, R/o Visakhapatnam, Visakhapatnam District
Gopala Krishna A/c DTS"
Rep. by its Managing Partner,
K. Satyanarayana Raju, S/o Late Veeraju,
Aged about 61 years, R/o Bhogapuram, Vizianagaram District.
T.B.R. Cinemas A/c DTS Screen 1 & 2 Rep. by its Managing Partner,
T. Nitish, Aged about 55 years,
R/o Bobbili, Vizianagaram District,
T.B.R. Cinemas A/c DTS
Rep. by its Managing Partner,
T. Nitish, Aged about 55 years, _
R/o Ramabhadrapuram, Vizianagaram District.
T.B.R. Cinemas A/c DTS Screen I & II
Rep. by its Managing Partner,
T. Nitish, Aged about 55 years,
R/o Parvathipuram, Vizianagaram District.
Sri Venkateswara Delux A/ e¢ DTS Rep. by its Managing Partner, é P, Sai Babu, S/o Subba Rao, :
Aged about 55 years, R/o Salur, Vizianagaram District, -
Inox Chitralaya Screen 1,2,3,4&5 A/c
Rep. by its Managing Partner,
B.V. Srinivasulu, S/o Janardhan Rao, -
Aged about 52. years, R/o Visakhapatnam, Visakhapatnam District
Sea. valley Vizag Varun Beach A/c Screen 1,2,3,4,5 &6
Rep. by its Managing Partner,
B.V. Srinivasulu, S/o Janardhan Rao,
Aged about 52 years, R/o Visakhapatnam, Visakhapatnam District.
Sri Seetharamaiah Cine Complex A/c DTS
Rep. by its Managing Partner,
Y.Seetharamaiah, S/o Late Seetharamaiah,
Aged about 68 years, R/o Parawada, Visakhapatnam District.
111.
112.
113.
114.
115.
116.
117.
119,
120.
121.
122.
123.
Mohini 70 MM A/c DTS Rep. by its Managing Partner,
- I. Vamsi Kishore, S/o Late Ram Mohan Rao, Aged about 55 years, R/o Gajuwaka, Visakhapatnam District.
Mohini 35 MM A/c DTS
Rep. by its Managing Partner,
K. Vamsi Kishore, S/o Late Ram Mohan Rao,
Aged about 55 years, R/o Gajuwaka, Visakhapatnam District.
Mini Mohini A/c DTS
Rep. by its Managing Partner,
IX. Vamsi Kishore, S/o Late Ram Mohan Rao,
Aged about 55 years, R/o Gajuwaka, Visakhapatnam District. ,
Cinepolls Screen 1,2,3,& 4A [c Rep. by its Managing Partner, K.N.V.S. Guru Murthy, S/o Late Ranga Rao,
"~ Aged about 55 years, R /o Madhurawada, Visakhapatnam District.
Durga Theatre A/c DTS
Rep. by its Managing Partner,
P.S.N. Patrudu, S/o Patrudu : Aged about 55 years, R /o Madhurawada, Visakhapatnam District.
Sri Satya A/c DTS
Rep. by its Managing Partner,
N. Subhanamanaya Raju, S/o Late Seetha Rama Raju, Aged about 50 years, R/o Nellimarla, Vizianagaram District.
N.C.S. Theatre A/c DTS
Rep. by its Managing Partner,
N. Srinivas, S/o Narasimha Murthy,
Aged about 60 years, R/o Vizianagaram, Vizianagaram District.
Sri Rama Krishna Talkies A/c DTS
Rep. by its Managing Partner,
A. Subhash, S/o Ananda Rao,
Aged about 50 years, R/o Balijipeta, Vizianagaram District.
Sudarsan A/c DTS
Rep. by its Managing Partner,
S. Sudharani, W/o Venkataramana,
Aged about 55 years, R/o Tekkali, Srikakulam District. .
Saraswati Mahal A/c DTS
Rep. by its Managing Partner,
N.V.V Gopal Raju, S/o Linga Raju, 7
Aged about 61 years, R/o Srikakulam, Srikakulam District
Kalanjali DTS
Rep. by its Managing Partner,
V.Sankar Rao,
Aged about 51 years, R/o Ponduru, Srikakulam District.
Venkataramana A/c DTS
Rep. by its Managing Partner,
K. Varahala Rao,
Aged about 58 years, R/o Paidibhimavaram, Srikakulam District.
K.V.R Cinemas Screen I & I] A/c DTS
Rep. by its Managing Partner,
K. Venkateswara Rao, S/o Suryanarayana,
Aged about 65 years, R/o Ponduru, Srikakulam District.
Lakshmi A/c DTS
Rep. by its Managing Partner, _
P, Nageswara Rao, S/o Late Pydithalli,
Aged about 50 years, R/o Saluru, Vizianagaram District.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
Sri Lakshmi A/c DTS
Rep. by its Managing Partner,
P, Nageswara Rao, S/o Late Pydithalli,
Aged about 50 years, R/o Saluru, Vizianagaram District.
Sri Lakshmi Picture Palace A/c DTS
Rep. by its Managing Partner,
R.V.S.K. Ranga Rao, S/o R.V.G.S. Ranga Rao,
Aged about 50 years, R/o Bobbili, Vizianagaram District.
Sai Ganapathi A/c DTS
Rep. by its Managing Partner,
T. Atchutha Valli, W/o Bhaskara Rao, .
Aged about 55 years, R/o Bobbili, Vizianagaram District
Padma Sri Picture Palace A/c DTS
Rep. by its Managing Partner,
B. Mohan Rao, S/o Late Satyanarayana,
Aged about 55 years, R/o Parvathipuram, Vizianagaram District.
Padmasri A/c DTS
Rep. by its Managing Partner,
G. Ramulu, Aged about 50 years, _, R/o Makkuva, Vizianagaram District.
Gowtami Theatre A/c DTS } Rep. by its Managing Partner,
N. Venkayya Naidu, S/o Raja Rao, .
Aged about 50 years, R/o Payakaraopeta, Visakhapatnam District.
Bangara Raju A/c DTS
Rep. by its Managing Partner,
J.V. Bangara Raju, Aged about 60 years, R/o Narsipatnam, Visakhapatnam District.
Raju A/c DTS
Rep. by its Managing Partner,
J.V. Bangara Raju, Aged about 60 years, R/o Narsipatnam, Visakhapatnam District.
Leela Mahal A/c DTS
Rep. by its Managing Partner,
R.V. Chandra Mouli Prasad, S/o RVK Prasad, R/o Visakhapatnam ,Visakhapatnam District.
Raja Picture Palace A/c DTS
Rep. by its Managing Partner,
T.Sanyasisetti Chetty, S/o Raja Rao,
Aged about 50 years, R/o Anakapalli, Visakhapatnam District.
Sri Ravi Talkies A/c DTS
Rep. by its Managing Partner,
K. Eswara Rao, S/o Raja Rao,
R/o Kothakota, Visakhapatnam District.
Swamy Satyanarayana A/c DTS
Rep. by its Managing Partner,
D, Raja Rao, Aged about 48 years,
R/o K.D, Peta, Visakhapatnam District.
Hari Sankar A/c DTS
Rep. by its Managing Partner,
T. Vykunta Rao, S/o Kameswara Rao,
Aged about 56 years, R/o Palasa, Srikakulam District.
Annapurna A/c DTS
Rep. by its Managing Partner,
P Vijaya Kumar S/o Nara.Simha Murthy, Aged about 55 years, R/o Palasa, Srikakulam District.
+ tm:
a ~" 138.
139, 140, 141, 142,
143. 144, 145, ; 146.
147,
148.
149, 150,
151.
Sri Venkata Gowari A/c DTS |
Rep, by its Managing Partner,
G. Rajyalakshmi, W/o Late Gowari Naidu,
Aged about 55 years, R/o Palakonda, Srikakulam District.
Sita Rama A/c DTS
Rep. by its Managing Partner,
&.V. Jaganadha Swamy, S/o Late Sri Ramulu,
Aged about 60 years, R/o Razam, Srikakulam District,
Mini Sita Rama A/c DTS Rep. by its Managing Partner, .C.V. Jaganadha Swamy, S/o Late Sri Ramulu, Aged about 60 years, R/o Razam, Srikakulam District.
Venkateswara Mahal A/c DTS Screen 1 and 2
Rep. by its Managing Partner,
P, Veerabhadra Swamy,S/o Chandra Bhushanam Gupta, Aged about 50 years, R/o Narasannapeta, Srikakulam District. °
Sri Lakshmi A/c DTS
Rep. by its Managing Partner,
V. Vykunta Rao, S/o Late Samba Murthy,
Aged about 50 years, R/o Narasannapeta, Srikakulam District.
Rajeswari Kala Mandir A/c DTS
Rep. by its Managing Partner,
S. Ratna Bhusanam Gupta, S/o Ganapathi Rao, ' R/o Narasannapeta, Srikakulam District. ,
Sri.DeviA/c DTS _
Rep. by its Managing Partner, .
B.Rama Bhai, S/ o Ananda Rao,
R/o Narasannapeta, Srikakulam District.
Siva Picture A/c DTS
Rep. by its Managing Partner,
V. Ramanadam, S/o Thota Rao, R/o Sompeta, Srikakulam District.
Manikanta Theatre A/c DTS
Rep. by its Managing Partner,
T. Yogeswara Rao, S/o Late Ranga Rao,
Aged about 60 years, R/o Ichapuram, Srikakulam District.
SVC Apsara Picture Palace A/c,DTS
Rep. by its Managing Partner,
Ch. Kiran Kumar, S/o Satyanarayana,
Aged about 50 years, R/o Razam, Srikakulam District.
SVC Sri Ramanjaneya P.P,
Rep. by its Managing Partner,
G, Babu Rao, Aged about 60 years, R/o Ranasthalam, Srikakulam District.
Ramakrishna A/c DTS Rep. by its Managing Partner, M. Seethapathi, S/o Hari Babu, Aged about 48 years, R/o Srikakulam District.
Sri Venkateswara A/c DTS
Rep. by its Managing Partner,
P, Venkateswara Rao, Aged about 52 years, R/o Ravikamatam, Vishakapatnam District,
S.V.C, Sri Lakshmi A/c DTS
Rep. by its Managing Partner,
P, Prasad Rao, Aged about 58 years, _
R/o Payakaraopeta, Vishakapatnam District,
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
163.
164.
S.R.K. Chitra Mandir A/c DTS
Rep. by its Managing Partner,
B, Someswaramma, W/o Somi Naidu,
R/o Payakaraopeta, Vishakapatnam District.
Sri Vasavi A/c DTS
Rep. by its Managing Partner, _. G. Venkata Ramayya, S/o Venkata Swamy,
Aged about 50 years, R/o Bobbili, Vizianagaram District.
Sri Srinivasa A/c DTS
Rep. by its Managing Partner,
M. Sri Rama Murthy,
Aged about 72 years, R/o Sompeta, Srikakulam District.
Sri Kranthi Theatre
Rep. by its Managing Partner,
NRK Reddy, S/o Veeri Reddy,
Aged about 58 years, R/o Visakhapatnam District.
S.V.C. Ranjani Multiplex:
Rep. by its Managing Partner,
G, Balakrishna, S/o Kama Raju,
Aged about 51.years, R/o Vizianagaram, Vizianagaram District.
S.V.C. Siva Ranjani Multiplex Rep. by its Managing Partner,
G. Balakrishna, S/o Kama Raju, Aged about 51 years, R/o Vizianagaram, Vizianagaram District.
Jyothi Theatre
Rep. by its Managing Partner,
A. Ravi Kumar, S/o Venkateswara:Rao,
Aged about 62 years, R/o Araku, Visakhapatnam District.
Sri Rama DTS
Rep. by its Managing Partner, Bhani K, Aged about 67 years, R/o Saluru, Vizianagaram District.
Kameswari DTS
Rep. by its Managing Partner,
K. Hari Babu,
Aged about 64 years, R/o Tallapalem, Visakhapatnam District.
Globex A/c DTS Screens 1 to 5 &6
Rep. by its Managing Partner,
A. Prasad Rao, S/o A. Nageswara Rao, |
Aged 55 years, R/o Mindi Village, Gajuwaka, Visakhapatnam District.
Parameswari Picture Palace A/c DTS.
Rep. by its Managing Partner, Y.Seetha ramaiah , S/o Late seethe ramaiah,Aged about 54 years,
R/o Kancharapalem, VisalhapatnamVisakhapatnam District.
Maheswari A/c DTS Rep. by its Managing Partner -
Y,Karunakar S/o Achuta Rao * Aged about 56 years R/o Devarapalle Visakhapatnam District.
Lakshmi Narasimha A/c DTS
Rep. by its Managing Partner
M.Surya Rao S/o Late Nara Simha Murthy
Aged about 50 years R/o Thimmapuram, Visakhapatnam District.
165.
166.
167.
168.
169.
170.
171.
172.
173.
174.
175.
176.
177.
S.T.B.L. Kala Mander A/c DTS Rep. by its Managing Partner. G. Venkanna Dora, S/o Late Ram babu Aged about 50 years, R/o P.Dharamavaram, Visakhapatnam District.
Sri Kanya Theater A/c DTS Rep. by its Managing Partner, K. Appala Raju, S/o Late Narasimha Murthy, Aged about 55 years, R/o Makavara palem, Visakhapatnam District
See valley Varun Beach A/c Screen -6
Rep. by Its Managing Partner,
B.V. Srinivasulu, S/o Janardhan Rao, Aged about 52 years, R/o Visakhapatnam, Visakhapatnam District.
Tulja Bhavani Cinema A/c DTS Rep. by its Managing Partner, M.Satyanarayana, S/o Late Ramaiah Aged about 55 years, R/o Kasimkota, Visakhapatnam District.
Surya Mathal A/c DTS Rep. by its Mariaging Partner M Rama Rao Aged about 53 years R/o Gara, Srikakulam District.
Mahendra Theatre A/c DTS Rep. by its Managing Partner, K.Prabhakar, Aged about 50 years, R/o Mandasa, Srikakulam District.
Sri Bhavani Theater Screen 1 & 2 A/c DTS Rep. by its Managing Partner, K.Marali Mohan, S/o Krishna Mohan, Aged about 55 years, R/o Tekkalii, Srikakulam District
Ashok A/c DTS
Rep. by its Managing Partner, A.Ananda Rao, S/o Darama Rao, Aged about
53 years, R/o Kaviti, Srikakulam District.
Tirumala A/c DTS Rep. by its Managing Partner, V.Parvateseam, Aged about 56 years, R/o Tekkali, Srikakulam District.
Sri Lakshmi Narasimha A/c DTS
Rep. by its Managing Partner,
J.Jyothi W/o Venkata Rao
Aged about 52 years, R/o Jami, Vizianagaram District,
Geetha Apsara A/C DTC
Rey by its Managing Partner
D.R.K Reddy S/o Laxma Reddi
Aged about 56 years, Rajahmundry, East Godavari District
Swamy A/C DTS
Rey by its Managing Partner
P, Ayyanna S/o Krishnanda Rao Rajahmundry, East Godavari District
Urvasi Complex A/C DTS, Rep by its Managing Partner R.Venkateswara Rao S/o Tatalu, Rajahmundry, East Godavari Dist.
178.
179,
180.
181.
182.
183.
184.
185.
186.
187.
188.
184.
185.
Surya & Surya Mini A/c DTS Rep by its Managing Partner M.Sita Rama Raju S/o Surapa Raju, Aged about 60 years, Rajahmundry, East Godavari Dist.
Syamala A/c DTS | Rep by its Managing Partner D.Suresh Babu S/o Rama Naidu, Aged about 60 years, Rajahmundry, East Godavari Dist.
Paja A/c DTS Rep by its Managing Partner N.Sheshagiri Rao, Aged about 56 years, Rajahmundry, East Godavari Dist.
Sai Krishna A/c DTS Rep by its Managing Partner A.Anuradha Devi W/o Satyanaryana, Aged about 40 years, Rajahmundry, East Godavari Dist.
Siva Jyothi A/c DTS Rep by its Managing Partner K.Appala Swami Naidu, Aged about 45 years, Rajahmundry, East Godavari Dist.
Kumari A/c DTS Rep by its Managing Partner D.R.K.Reddi S/o Laxma Reddi, Aged about 61 years, Rajahmundry, East Godavari Dist. . _.
V.S.Mahal A/C DTS Rep by its Managing Partner J.K.Rama Krishna, Aged about 61 years, Namavaram, East Godavari Dist.
Devi Multiplex A/C DTS Screen 1 Rep by its Managing Partner D.Suresh Babu S/o Rama Naidu, Aged about 56 years, Kakinada, East Godavari Dist.
Devi Multiplex A/c DTS Screen 2 Rep by its Managing Partner D.Suresh Babu S/o Rama Naidu, Aged about 56 years, Kakinada, East Godavari Dist.
Devi Multiplex A/c DTS Screen 3 Rep by its Managing Partner D.Suresh Babu S/o Rama Naidu, Aged about 56 years, Kakinada, East Godavari Dist.
C & C Complex, Rep by its Managing Partner A.Anuradha Devi W/o Satyanarayana, aged about 58 years, Kakinada, East Godavari Dist.
Padma Priya Complex, Rep by its Managing Partner V.S.S.V.Subramanyam S/o Pattabi Ramayya, Kakinada, East Godavari Dist.
Tirumala A/c DTS, Rep by its Managing Partner G.Veerraju S/o Reddayya, Kakinada, East Godavari Dist.
186.
187.
188.
189.
190.
191.
192.
193.
194.
195.
196.
197.
198.
Mayuri A/c DTS, Rep by its Managing Partner N.Rambabu S/o Venkat Reddi, Kakinada, East Godavari Dist.
Satya Gowri, Rep by its Managing Partner M.Rama Rao S/o Satti Reddi, Kakinada, East Godavari Dist.
Venkata Rama A/c DTS,
Rep by its Managing Partner A. Satyanarayana Amalapuram, East Godavari Dist. 29. Shekar Complex Screen 1,
Rep by its Managing Partner N.Venkata Raju,
aged about 55 years, Amalapuram, East Godavari Dist.
| Shekar Complex Screen 2,
Rep by its Managing Partner N.Venkata Raju, aged about 55 years, Amalapuram, East Godavari Dist.
V.P.C. Complex Screen 1, Rep by its Managing Partner N.Venkata Raju, aged about 55 years, Amalapuram, East Godavari Dist.
V.P.C. Complex Screen 2,
Rep by its Managing Partner N.Venkata Raju,
aged about 55 years, Amalapuram, East Godavari Dist.
Satyasri Complex, Rep by its Managing Partner Ch. Rambabu, aged about 58 years, Mandapeta, East Godavari Dist.
Raja Ratna Complex A/c DTS Rep by its Managing Partner V.Veerraju, aged about 59 years, Mandapeta, East Godavari Dist.
Vijayaya Mahal A/C DTS Rep by its Managing Partner D.Suresh Babu S/o Rama Naidu, Mandapeta, East Godavari Dist.
Venkata Naryana Picture Palace, Rep by its Managing Partner D.Satyavati W/o Surya Rao, Malkipuram, East Godavari Dist.
Padmaja A/c DTS, Rep by its Managing Partner Y.V.N.Padma Raju S/o Laxmana Rao, Malkipuram, East Godavari Dist.
Venugopala Picture Palace, Rep by its Managing Partner M.V.V.Satyanarayan Murty, aged 57 years, Lakkavaram, East Godavari Dist.
Venkateswara A/c DTS Rep by its Managing Partner V.Venkata Rao, aged about 56 years, Tatipaka, East Godavari Dist.
199.
200.
201.
202.
203.
204.
205.
206.
207.
208.
209.
210.
211.
Annapurna A/c DTS, Rep by its Managing Partner B.V.S.Rama Rao, age 48 years, Tatipaka, East Godavari Dist.
Laxmi Narayana Rep by its Managing Partner S.V.V.S.S.Sai Krishna S/o Laxminarayana, Kothapeta, East Godavari Dist.
Akshara, Complex A/C DTS
Rep by its Managing Partner T.Suryanarayana Reddi, aged about 51 years, Ravulapalem, East Godavari Dist.
Padmasri A/c Theatre, --
Rep by its Managing Partner D.Nagi Reddi, aged about 55 years, Ravulapalem, East Godavari Dist.
Sri Krishna Talkies, Rep by its Managing Partner D.Krishna Rao, aged about 65 years, Mummidivaram, East Godavari Dist.
Sri Laxmi A/c Theatre, Rep by its Managing Partner Y.Veerayya, aged about 59 years, Draksharam, East Godavari Dist.
Annapurna A/c
Rep by its Managing Partner
T.Hari, aged about 63 years, Ramachandrapuram, East Godavari Dist.
Kishore Talkies, Rep by its Managing Partner Suresh rao, aged about 55 years, Ramachandrapuram, East Godavari Dist.
Venkata Surya A/c DTS, Rep by its Managing Partner T.Chanti Babu, aged about 58 years, Yeleswaram, East Godavari Dist.
J.V.R.Screen 1, Rep by its Managing Partner J.Mani Babu, aged about 50 years, Jaggampeta, East Godavari Dist.
J.V.R.Screen 2, Rep by its Managing Partner J.Mani Babu, aged about 50 years, Jaggampeta, East Godavari Dist.
Venkateswara A/c DTS, Rep by its Managing Partner D.Rama Rao, aged about 52 years, Pitampura, East Godavari Dist.
Sri Satya A/c Rep by its Managing Partner D. Srinivas, aged about 42 years, Pitampura, East Godavari Dist.
212.
213..
=e Rep by its Managing Partner Ch. China Veera Swami, _
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224.
225.
Lalitha A/c DTS, He Rep by its Managing Partner Lalita Babu, aged about 62 years, Peddapuram, East Godavari Dist,
Venkata Surya A/c DTS, aged about 65 years, Kadiyam, East Godavari Dist. °
Surya Rama A/c DTS Screen 1, Rep by its Managing Partner G.Pedababu, aged about 62 years, Krilampudi, East Godavari Dist.
Surya Rama A/c DTS Screen 2, Rep by its Managing Partner G. Pedababu, aged about 62 years, Krilampudi, East Godavari Dist. <
Govinda Mahal A/C Theater, Rep by its Managing Partner Suresh Babu, aged about 56 years, Gollaprollu, East Godavari Dist.
Navayuga Theater, Rep by its Managing Partner G.Gowri Shankar, aged about 61 years, Chintoor, East Godavari Dist.
Satya Gowri A/c DTS, Rep by its Managing Partner Satyanarayana, aged about 60 years, Anaparthy, East Godavari Dist.
Satyanarayana A/c DTS, Rep by its Managing Partner A.S.N.Murty, aged about 58 years, Kattipudi, East Godavari Dist. «
Geetha Balaji, Rep by its Managing Partner Venkata Swami S/o Murthy, Sitanagaram, East Godavari Dist.
Srinivasa A/c Rep by its Managing Partner Srinivasa Rao S/o Rambabu, G. Mamidada, East Godavari Dist.
Fortuner 4 A/C Screen 1&2 Rep by its Managing Partner Ramesh Babu, aged about 59 years, Rajanagaram, East Godavari Dist.
Srinivasa Theater, Rep by its Managing Partner Rama Rao, aged about 59 years, Gokavaram, East Godavari Dist.
Rajaveni & Krishnaveni A/C DTS Rep by its Managing Partner T. Ramu Aged 63 years, Jaggampet, East Godavari District.
Sri Rama A/C DTS Rep by its Managing Partner C. Suryanaryana S/o Sree Rama Murthy -- Aged about 68 years, Tuni, East Godavari District. w+ Petitioners
1.The State of A.P., Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2.The Joint Collector, Vizianagaram at Vizianagaram District.
3. The Joint Collector, Srikakulm at Srikakulam District.
4.The Joint Collector, Visakhapatnam at Visakhapatnam District.
5.The Joint Collector at Kakinada, East Godavari District. . Respondents (Respondents in -do-)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to permit the: petitioner to run their theatres as per the rates prevailing prior to passing of impugned order (as per previous rates) in respect of new movie Pushpa releasing soon pending disposal of W.P. No. 27336 of 2021, on the file of the High Court.
Counsel for the Petitioners : SRI LAKSHMAN RAO VUYYURU Counsel for the Respondents :GP FOR HOME
The court while directing issue of notice to the Respondents in all IAs herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER :-
"By the impugned G.O.Ms.No.35, dated 08.04.2021, the Government has fixed rates for admission into cinema theaters. The said rates for admission into cinema theaters are mainly fixed on the basis of regional classification. They have classified the areas as Municipal Corporation, Municipality, Nagar Panchayat and Gram Panchayat and on the basis of the said regional classification, rates for admission into cinema theaters have been fixed.
The petitioners in these writ petitions challenge the legal validity of the impugned G.O primarily on three grounds. i.e., 1) The said fixing of rates for admission into cinema theaters on the basis of regional classification is contrary to the law laid down by this Court in the judgment rendered in the case of Thirumala Theatre, Khammam, Rep. by its Partner and others V. Government of Andhra Pradesh, Rep. by its Principal Secretary, Home -- Department & others reported in (2012) 6 ALT 326.
2) that the common High Court in W.P.No.18779 of 2013 and batch, while setting aside G.O.Ms.No.100 that was issued fixing the rates for admission into cinema theaters, directed both the Governments of the State of Andhra Pradesh and Telangana to constitute a Committee to be headed by the Principal Secretary for Home to fix the rates of admission into the cinema theaters afresh and that the present Committee for bringing the impugned G.O.Ms.No.35 was constituted contrary to the directions given by the learned single Judge of the common High Court and the Committee was not constituted in accordance with the direction given in the said judgment and as such the impugned G.O. is not valid under law and
3) that fixing rates by the Government in the impugned G.O for admission into the theaters is arbitrary and it amounts to intrusion into the domain of the petitioners' business, which is a private business and it violates Article 19(1)(g) of the Constitution of India.
Therefore, the validity of the impugned G.O. is to be tested on the touchstone of the law laid down and the direction given by the Erstwhile High Court of Andhra Pradesh and the common High Court in the aforesaid two judgments.
Earlier, when a similar G.O.Ms.No.181, dated 11.07.2011, was issued fixing the rates for admission into cinema theaters on the basis of regional Classification, when the same was questioned before the Erstwhile High Court of Andhra Pradesh in the above Thirumala Theatre, Khammam v. the State of Andhra Pradesh case, this Court found fault with such classification. At para No.22 of the judgment, this Court clearly held that it is not open to fix rates of admission merely on the 'basis of classification of theaters into air- conditioned, air-cooled and others, which are located in the areas of Municipal Corporation and Municipalities etc. Therefore, as per the law laid down in the aforesaid judgment, fixing the rates of admission into cinema theaters in the impugned G.O. prima facie seems to be bad under law as the present rates are also fixed in the impugned G.O. for admission into cinema theaters on the basis of the same regional classification and other classifications.
Learned Government Pleader for Home relied on the judgment of the Apex Court rendered in the case of DEEPAK THEATRE, DHURI v. STATE OF PUNJAB [1992 Supp (1) SCC 684], wherein it is held that the power of the Licensing authority to regulate exhibiting movies includes the power to classify the seats in the auditorium and fix the rates of admission to the respective classes.
A perusal of the said judgment only shows that the Licensing authority can classify the seats in the auditorium and fix the rates for admission to the respective classes. It is not a case where it is held that regional classification can be made by making a division of regions like Municipal Corporations, Municipalities, Nagara Panchayats etc., and that the rates can be fixed for admission to the theatres on the basis of the said regional classification. Therefore, this judgment would not nullify the ratio laid down by this High Court in the case of THIRUMALA THEATRE, KHAMMAM v. STATE OF ANDHRA PRADESH, referred supra. Therefore, prima facie, the present G.O. appears to have been vitiated on account of the infirmity that is discussed above.
Similarly, when the Government brought into existence another G.O.Ms.No.100 fixing the rates of admission into cinema theaters and the same was questioned before the High Court, learned single Judge has set aside the said G.O. and directed the Government to constitute a Committee headed by Principal Secretary for Home leaving it open to him to choose the exhibitors, distributors and other members, who are the stakeholders in running the said cinema theater business, to participate in the Committee to adjudicate the issues involved in the said batch of Writ 'Petitions. The present Committee that was constituted for bringing into force of the impugned G.O.Ms.No.35, was not constituted with the Principal Secretary for Home as the head of the said' Committee. He was only made as a member of the Committee and he was not head of the Committee as directed by the High Court. Therefore, the very constitution of the Committee is not in accordance with the direction given by the learned single Judge.
Therefore, in the said facts and circumstances of the case, the petitioners could make out a strong prima facie case warranting interference of this Court to examine in the main Writ Petition whether the impugned G.O.Ms.No.35 fixing the rates of admission into cinema theaters on the basis of regional classification and other classifications, is legally sustainable or not in the main Writ Petition. Also to ascertain whether constitution of the present Committee is valid under law or not as it was constituted contrary to the direction given by the High Court in W.P.No.18779 of 2013 and batch.
Therefore, in the said facts and circumstances of the case, the petitioners are permitted to run the cinema theaters as per the rates prevailing prior to passing of the impugned G.O. as per the procedure that was in vogue hitherto. However, the said rates of admission shall be fixed in consultation with the Joint Collector, who is the licensing authority,-after giving prior intimation to him."
~ Sd/- K. SRINIVASA RAJU
ASSISTANT REGISTRAR"
/ TRUE COPY// --
SECTION OFFICER
ee ee ee EN
To
1.The Principal Secretary, Home (General.A.) Department,
State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2.The District Collector and Licensing Authority, Guntur, Guntur District.
3.The District Collector and Licensing Authority, Visakhapatnam District.
4.The Revenue Divisional Officer, Anakapalli, Visakhpatnam District.
5.The Joint Collector, Vizianagaram at Vizianagaram District.
6.The Joint Collector, Srikakulm at Srikakularn District.
7.The Joint Collector, Visakhapatnam at Visakhapatnam District.
8.The Joint Collector at Kakinada, East Godavari District.
(Addressee Nos. 1 to 8 by RPAD)
9.Two CCs to the G.P. for Home, High Court of A.P., at Amaravati(OUT)
10.One CC to Sri V.V. Satish, Advocate(OPUC)
11.One CC to Sri Lakshman Rao Vuyyuru, Advocate(OPUC)
12.One spare copy.
TKK
HIGH COURT
CMR.J
DT.14-12-2021.
ORDER
|.A.No. 1 of 2021 IN W.P.Nos. 27268, 27336 and 29635 of 2021
INTERIM DIRECTION
45 Del 2024
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