Sri Parameswari Picture Palace, vs State Of Andhra Pradesh,
2021 Latest Caselaw 65 AP

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  WRIT PETITION NO.733 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 04.01.2021.

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.

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.

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.

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 "MASTER"

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.

With the above direction, writ petition is disposed of.

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. SATYANARAYANA MURTHY Date: 07.01.2021 tm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.733 OF 2021

Date: 07.01.2021

tm