Telangana High Court
Cine Prekshaka Viniyoga Darula ... vs M/S Shalini Shivani Multiplex4 ... on 23 December, 2021
Bench: Satish Chandra Sharma, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT PETITION (PIL) Nos.74 and 97 of 2021;
WRIT APPEAL Nos.864 of 2017; 794, 795 of 2019; 57, 58, 59,
60, 61, 62, 63, 65, 67, 93 of 2020
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Regard being had to the controversy involved in the
aforesaid cases, they were heard together and are being
decided by a common order.
The facts of public interest litigations are
reproduced as under:
The public interest litigation writ petitions involve
rates of cinema tickets in the State of Telangana and the
learned Government Advocate today has brought to the
notice of this Court G.O.Ms.No.120, dated 21.12.2021,
and the same is reproduced as under:
"GOVERNMENT OF TELANGANA
ABSTRACT
Home Department - Cinemas - Re-classification of Cinema theatres and fixation of
rates of admission in various classes of cinema theatres - Orders - Issued.
HOME (GENERAL) DEPARTMENT
G.O.Ms.No.120 Dated: 21-12-2021.
Read the following:-
1. G.O.Ms.No.100, Home (General.A) Department, dt: 26-04-2013.
2. High Court orders dt:31-10-2016, in W.Ps.No.18779, 19046 of 2016 and batch.
3. G.O.Ms.No.32, Home (General) Department, dt:28-02-2017.
4. G.O.Ms.No.75, Home (General) Department, dt:23-06-2017.
*******
ORDER:
In the G.O. 1st read above, orders were issued by fixing the rates
of admission into the various classes of the cinema theatres.
2. Aggrieved by the above G.O., some managements of the cinema
theatres have filed a batch of writ petitions in the High Court and the
Hon'ble High Court of Judicature at Hyderabad for the State of
Telangana and Andhra Pradesh in its Common Order dated:31.10.2016,
while setting aside the G.O.Ms.No.100, Home (General.A) Department,
dated:26.04.2013 vide reference 2nd read above, directed to constitute a
fresh committee consisting of 6 members of various persons headed by
Principal Secretary to Government, Home Department so as to adjudicate
the issue. Accordingly, Government have constituted committee vide
G.O. 3rd above.
3. As per the recommendations of the committee so
constituted revised Re-classification of Cinema theatres and
enhancement of rates of admission in various classes of cinema
theatres were issued vide G.O.Ms.No.75, Home (General)
Department, dt:23-06-2017. The said G.O. was kept in abeyance
vide Memo.dt:30-06-2017 due to administrative reasons.
4. The Government has convened several meetings with
officials and representatives of the film industry to discuss on the
issues connected with Theatre Admission Rates/Flexi Ticket
Rates.
5. After due consultations by considering the outcomes,
Government after careful examination of the matter and in
supersession of the orders issued in the references 1st & 4th read
above, revise the rates of admissions and Maintenance as per
Annexure to this Order.
6. The theatres should print the rates of admission of tickets,
clearly indicating, GST, maintenance charges as applicable and
the online charges separately on all Tickets.
7. All the District Collectors & Licensing Authorities and all
the Commissioners of Police, in Telangana State concerned shall
take further necessary action accordingly on these orders.
8. This order will come into force with immediate effect.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
RAVI GUPTA
PRINCIPAL SECRETARY TO GOVERNMENT
To
All Collectors & Licensing Authorities in the Telangana State.
The Special Chief Secretary to Revenue Department
The Special Chief Secretary, MA & UD Department
All Commissioners of Police, Telangana State
Copy to:
The Commissioner, Commercial Taxes, Telangana State
The P.S to Chief Secretary to Government.
The P.S to Prl.Secy to Chief Minister
The P.S to Minister for Animal, Husbandry, Fisheries, Dairy Development
Corporation and Cinematography
The P.S to Principal Secretary to Government, Home Department
The Members of High Power Committee.
The Law (D) Department.
Sf/Sc.
//FORWARDED BY ORDER//
ANNEXURE TO G.O.Ms.No.120
Admission Rates and maintenance charges for Cinema theatres:
Minimum
Air Conditioned/ Non.A.C Recliner Special Multiplexes
Air cooled seats in Imax/Large
Single Screens 75 ft
Theatre and
above/Single
theatre
Rs.50+ Rs.30+ - - RS.100+GST as
GST as applicable GST as applicable
applicable
Maximum
Air Conditioned/Air Non.A.C Recliner Special Multiplexes
Cooled seats in Imax/Large
Single Screens 75ft
Theatre and
above/Single
theatre
Rs.250+ GST as
Rs.150+ Rs.70+ Rs.200+ Rs.250+ Applicable
GST as applicable GST as GST as GST as For recliners
applicable applicable applicable
Rs.300+ GST as
applicable
Maintenance Charges
Maintenance Charges
A.C.Theatres/Air Cooled Non-Ac
Rs.5-00 per ticket Rs.3-00 per ticket
RAVI GUPTA
PRINCIPAL SECRETARY TO GOVERNMENT"
In the light of the aforesaid, as the admission rates
and maintenance rates have been fixed in cinema
theatres, the State Government shall ensure strict
compliance of the same. To that extent, nothing survives
in the present writ petitions.
Mr. G.L.Narasimha Rao, the petitioner in W.P.(PIL).
No.97 of 2021 who appeared as party-in-person, has
vehemently argued before this Court that large number of
writ petitions are filed by misrepresenting the facts and
interim orders were obtained by cinema theatre owners
and therefore, those matters are also required to be
looked into.
This Court cannot conduct a roving enquiry in
respect of such cases decided from time to time.
However, it shall be open to the petitioner to file
appropriate application in the disposed of matters or in
pending matters, where there is any suppression of facts,
for necessary action in accordance with law.
With the aforesaid, both the writ petitions and all
the writ appeals stand disposed of.
The miscellaneous applications pending, if any,
shall stand closed. There shall be no order as to costs.
___________________________
SATISH CHANDRA SHARMA, CJ
___________________________
N. TUKARAMJI, J
23.12.2021
vs
