Noma Talkies Screen v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 22.01.2019 Between:

Noma Talkies Screen-I, A/C, Habsiguda, Ranga Reddy district, rep.by its Authorized Signatory G.Anand Kumar, s/o.Gurumurthy, Aged 43 years and others.

.... Petitioners and The State of Telangana, rep.by its Prl.Secretary, Home (General.A) Department, Secretariat Buildings, Hyderabad and others.

.... Respondents This Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Learned counsel for petitioners and learned Government Pleader representing for Home state that similar Writ Petitions were disposed of by common order dated 31.10.2016 passed by this Court in W.P.No.19046 of 2014 and batch, read with the order dated 13.04.2017 in W.P.M.P.No.16343 of 2017 in W.P.No.18779 of 2014 and the issue involved in this writ petition is covered by the said decision.

2.

The operative portion of the judgment in W.P.No.19046 of 2014 and batch dated 31.10.2016 reads as under: "10. Considering the facts and circumstances of the case and the interim orders passed by this Court earlier in some of the writ petitions, this Court is of the view that the present writ petitions can be disposed of with the following directions:

i) G.O.Ms.No.100, Home (General.A1) Department, dated 26.4.2013 is set aside.

ii) Both the Governments are directed to constitute their respective committees headed by the respective Principal Secretaries for Home. Insofar as the other members of the Committees are concerned, it is left open to the respective Principal Secretaries for Home to choose the exhibitors, distributors and other members to participate in the committee so as to adjudicate the issues involved in all the writ petitions.

iii) While taking decision, the committees are directed to consider the welfare of the cine-goers primarily and also the grievance of the exhibitors and distributors and frame the rules in accordance with law on or before 30.3.2017;

iv) If any decisions are taken and any G.O, is issued prior to 30.3.2017, the same shall become operative in nature.

v) The petitioners-theatres are permitted to run their respective theatres by collecting their proposed fares. However, it is made clear that the petitioners shall inform to 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.

vi) In some of the writ petitions, this Court issued interim orders permitting the petitioners therein to collect the rates as proposed in their applications, and to maintain separate account with regard to the difference amount in the rates collected by them. Those interim orders passed by this Court earlier in some of the writ petitions shall stand superseded.

However, the authorities concerned are directed to take a decision with regard to the difference amounts maintained separately by the petitioners pursuant to the interim orders of this Court;

vii) It is made clear that the petitioners in the writ petitions, in which there are no such earlier interim orders, shall approach the authorities concerned and inform them as to the rates of the tickets, which they intend to collect. viii) All the petitioners are directed to pay the taxes proportionate to the proposed rates of the tickets." 3.

In view of the above said submission and the directions extracted above, this Writ Petition is also disposed of in terms of the common order dated 31.10.2016 passed by this Court in W.P.No.19046 of 2014 and batch. Miscellaneous petitions if any pending in this writ petition shall stand closed. __________________________ JUSTICE P.NAVEEN RAO Date: 22.01.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date : 22.01.2019 kkm