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High Court for State of TelanganaWP/10569/2015disposed of no costs

M/S Ratnamahal, Rep. By Its Proprietor v. The State Of Andhra Pradesh,

2016-12-16Raja Elango4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FIRST DAY OF JUNE, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WP .NO: 10569 of 2015 Between:

M/s Ratnamahal, Rep. by its Proprietor Venkata Rama Rao, S/o Subba Rao, R/o C/o Ratnamahal Theater, Trunk Road, Ongole, Prakasam District. Petitioner AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Home (General.A) Department, Secretariat, Hyderabad. 2 The Joint Collector & Licensing Authority, Ongole, Prakasam District. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in issuing G.O.Ms.No.

100 Home (General-A I) Department dated 26-04-2013 by providing therein for Minimum ticket admission prices for air-conditioned and air-cooled theatres and in further, notifying a price of only Rs.10/- contrary to the recommendations made by the High Power Committee and in also fixing a minimum percentage for such category of seats as illegal, arbitrary, unconstitutional, ultra vires of A.P. Cinemas (Regulation) Act, 1955 and A.P. Cinemas (Regulation) Rules, 1970.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P. Venkata Rao, Advocate for the Petitioner and G.P. for Home (AP) for the Respondents, the Court made the following ORDER:

It is submitted by the learned counsel for the petitioner that in the identical circumstances, this Court in W.P.No.22795 of 2014 passed an order and the copy of the same is also placed on record. This Court feels appropriate to pass the same order. Post along with W.P.No.11248 of 2014.

Let counter affidavit be filed on behalf of the respondents.

Pending further orders, the petitioner shall be permitted to collect rates as proposed by the petitioner in its application dated 01.04.2015, but the difference of the amount in the rates collected shall be maintained separately by the petitioner and shall be subject to further orders in the writ petition.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Home (General.A) Department, State of Andhra Pradesh, Secretariat, Hyderabad.

2 The Joint Collector & Licensing Authority, Ongole, Prakasam District. (Addressees 1 & 2 BY RPAD) 3 One CC to Sri P. Venkata Rao, Advocate (OPUC) 4 Two CCs to the G.P. for Home (AP), High Court, Hyderabad. (OUT) 5 One spare copy.

nnr HIGH COURT AVSS,J DATED: 01-6-2015 NOTE: Post along with WP No.11248 of 2014

ORDER

W.P.NO. 10569 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 02-06-2015 AVSS,J

DATED: 01-6-2015 NOTE: Post along with WP No.11248 of 2014

ORDER

W.P.NO. 10569 OF 2015 DIRECTION