The Sai Krishna vs The State Of Ap
2021 Latest Caselaw 121 AP

          THE HON'BLE SRI JUSTICE M.GANGA RAO

                  WRIT PETITION NO.1239 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India to issue Writ of Mandamus, declaring the

action of the respondents in not permitting the petitioners to run

their theatres as per the rates mentioned in their applications

though G.O.Ms.No.100 dated 26.04.2013 issued by the first

respondent is set-aside by virtue of orders passed in

W.P.No.18779 of 2014 and batch, dated 31.10.2016, allowing the

cinema theatres to run as per the rates informed to the licensing

authority as illegal and arbitrary and to permit the petitioners to

collect price deemed appropriate by them as per their

applications, dated 09.01.2021.

2. It is the contention of the petitioners that cinema trade is

regulated by A.P. Cinemas (Regulation) Act, 1955 and A.P.

Cinemas (Regulation) Rules, 1970 and batch of writ petitions were

filed by various theatre owners questioning the validity of the

orders passed by the Government in G.O.Ms.No.181, dated

11.07.2011, as being arbitrary and illegal and contrary to the

provisions of the Act and Rules. G.O.Ms.No.188 Home (General.

A.1) Department, dated 19.11.2012, was issued appointing a High

Power Committee with the following seven members:

1. Chief Secretary to Government - Chairman

2. Principal Secretary to Govt. (Revenue-CT) - Member

3. Principal Secretary to Govt. (MA-UD) - Member

4. Principal Secretary to Govt. (Finance) - Member

5. Commissioner & Ex. Official Secy (I&PR) - Member

6. Principal Secretary to Govt. (IT) - Member

7. Special Chief Secretary to Govt. (Home) - Member (Passports, Fire and Cinematography)

The above Committee submitted its report making certain

suggestions for fixing highest rate of ticket for admission

depending upon the area. The petitioners filed an application

before the licensing authorities concerned for enhancement of

rates which is still pending consideration before the authorities. In

terms of the orders passed by this Court, the first respondent is

required to notify the recommendations made by the High Power

Committee and the first respondent does not have any power to

sit in any further judgment over the said recommendations or

make any contrary notification. The recommendations of High

Power Committee to the extent of revision of prices for the lowest

class are absolute and cannot be altered by the first respondent

and beyond the scope of the authority available to the first

respondent under the Rules framed thereunder. But, the

respondents are interfering with the fixation of ticket rates.

3. However, learned Government Pleader for Home submitted

that, in similar situation, earlier in W.P.No.9734 of 2019 and

batch, the learned Single Judge of this Court by following the

common order in W.P.No.18779 of 2014 and batch, permitted the

petitioners-theatres therein to run their respective theatres by

collecting their proposed fares. However, it was made clear that

the petitioners shall inform the authorities concerned as to the

ticket rates which they intend to collect in respect of all classes till

adjudication of the issues in question by the respective

committees.

4. Learned Government Pleader for Home placed on record

Circular Instructions issued by Government of Andhra Pradesh,

dated 18.11.2020, wherein, the Principal Secretary to

Government, Home (General. A) Department permitted phased

reopening of all cinemas/theatres/multiplexes in the district with

upto 50% of seating capacity, in the areas outside containment

zones with effect from 15.10.2020 and laid down certain

guidelines to be followed to reduce the risk of transmission of

Covid-19; and circular instructions issued by the Government of

Andhra Pradesh from time to time and the Standard Operating

Procedure issued by Ministry of Information and Broadcasting,

Government of India, dated 06.10.2020, for exhibition of films on

preventive measures to contain spread of Covid-19.

5. Recording the submission of the learned Government

Pleader for Home and having regard to the direction referred

supra, the present Writ Petition is disposed of permitting the

petitioners to collect the rates of admission as mentioned in their

respective representations to the respondents for the Telugu

movie "RED" which is proposed to be released soon, subject to

strictly adhering to the circular instructions issued by the

Government of Andhra Pradesh from time to time and Standard

Operating Procedure issued by Ministry of Information and

Broadcasting, Government of India, dated 06.10.2020, for

exhibition of films on preventive measures to contain spread of

Covid-19 and subject to compliance of direction issued in earlier

order passed in W.P.No.9734 of 2019 and batch, following the

order of Division Bench in W.P.No.18779 of 2014. No costs.

Registry is directed to annex copy of Standard Operating

Procedure issued by Ministry of Information and Broadcasting,

Government of India dated 06.10.2020 for exhibition of films on

preventive measures to contain spread of Covid-19, to this order.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

__________________ JUSTICE M.GANGA RAO Date : 12.01.2021.

SPP

THE HON'BLE SRI JUSTICE M.GANGA RAO

Writ Petition No.1239 of 2021

Date : 12.01.2021 SPP