Kumari Picture Palace, v. The State Of Andhra Pradesh ,

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

THE HON'BLE SRI JUSTICE A V SESHA SAI WP .NO:18294 of 2015 Between:

1 Kumari Picture Palace, Rep. by its Managing Partner, D.R.K.Reddy Sio Lakshman Reddy, Aged about 75 years, Rajahmundry, East Godavari District.

2 Surya Picture Palace, Rajahmundry, rep. by its Managing Partner, M.Seetharama Raju S/o Surapa Raju, Aged about 56 years, East Godavari District.

3 Ashok Mahal, Rajahmundry, rep. by its Managing Partner, M.Brahma Raju S/o Lakshmi Narasimha Raju, Aged about 59 years, East Godavari District.

4 Urvasi Enterprises, Rajahmundry, Rep. by its Managing Partner, R.Venkateswara Rao S/o Thathalu, Aged about 61 years, East Godavari District.

5 Sri Sai Krishna Theatre, Rajahmundry, Rep. by its Managing Partner, N.G.Bhaghavannarayana SR) Satyanrayana, Aged about 50 years, East Godavari District.

6 Apsara Theatre, Rajahmundry, Rep. by its Managing Partner, C.B.S.Rama Swamy Si o Swamy, Aged about 66 years, East Godavari District.

7 Syamala Talkis, Rajahmundry, Rep. by its Managing Partner, Sri D. Rama Naidu S/o Naidu, Rajahmundry, East Godavari District. 8 Swamy Theatre, Rajahmundry, Rep. by its Managing Partner, P.V.A.N.R.Krishnananda Rao, Aged about 59 years, Rajahmundry, East Godavari District.

9 Anand Complex, Kakinada, Rep. by its Managing Partner, Prathap Raj, aged about 55 years, East Godavari District. 10 Padma Priya Theatre, Kakinada, Rep. by its Managing Partner, Nanaji, aged about 64 years, East Godavari District. 11 Mayuri Theatre, Kakinada, Rep. by its Managing Partner, N.Venkata Reddy, aged about 60 years, East Godavari District. 12 Devi Multiplex, Rep. by its Managing Partner, D.Bhaskar Reddy, aged about 72 years, East Godavari District.

13 Chanakya Chandra Guptha Theatre, Rep. by its Managing Partner,

B.Mohan Rama Chandra Reddy S/o Krishna Reddy, Aged about 73 years, Kakinada, East Godavari District.

14 Sri Lakshi Talkies, Rep. by its Managing Partner, B.Srinivasa Ralo S/o Bhaskar Rao, Aged about 62 years, East Godavari District. 15 Satya Gowri Mahal, Kakinada, Rep. by its Managing Partner, M.Satti Reddy, aged about 50 years, East Godavari District. 16 Sri Tirumala Theatre, Rep. by its Managing Partner, G.Veera Raju, Aged about 60 years, East Godavari District.

17 Veer Kamal Theatre, Kakinada, Rep. by its Managing Partner, S.Raja, aged about ...years, East Godavari District. 18 Sri Venkata Ramana Theatre, Rep. by its Managing Partner, Amalapuram, K.Suryanarayana Raju, Aged about 61 years, East Godavari District.

19 Sri Venkata Rama Theatre, Rep. by its Managing Partner, Amalapuram, A.Satyanarayana Raju, Aged about 55 years, East Godavari District.

20 Sri Rama Theatre, Amalapuram, Rep. by its Managing Partner, S.K.Bangara Raju, Aged about 62 years, East Godavari District. 21 Theatre Sekhar, Amalarpuram, Rep. by its Managing Partner, P.V.Narasimha Rao S/o Somasekhar Rao, Aged about 58 years, Amalapuram, East Godavari District.

22 Sri Lalitha Theatre, Rep. by its Managing Partner, T.Pumari Kakusalu S/o Ramam, Aged about 45 years, Amalapuram, East Godavari District.

23 Sri Ganapathi Picture Palace, Rep. by its Managing Partner, B.Burga Rao S/o Ganga Raju, Aged about 60 years, Amalapuram, East Godavari District.

24 Sri Surya Picture Palace, Rep. by its Managing Partner, V.V.S.S.Chodary, Aged about 65 years, Mandapeta, East Godavari District.

25 Satya Sri Palace, Rep. by its Managing Partner, Chenna Rambabu, Aged about 60 years, Mandapeta, East Godavari District.

26 Ambica Theatre, Mandapeta, Rep. by its Managing Partner, Ch. Rambabu S/o Veera Bhadra Rao, Aged about 60 years, Mandapeta, East Godavari District.

27 Sri Raja Ratna Theatre, Rep. by its Managing Partner, Valluri Vecra Raju, Aged about 60 years, Mandapeta, East Godavari District. 28 Sri Krishna Talkies, Rep. by its Managing Partner, Sanaka Srinivasa Rao, Aged about 66 years, Mandapeta, East Godavari District.

29 Sri Vijaya Mahal, Rep. by its Managing Partner, Sanka Sri Rama Chandra Murthy, Aged about 63 years, Tuni, East Godavari District. 30 Sapthagiri Theatre, Rep. by its Managing Partner, M.Srinivas, Aged about 38 years, Mandapeta, East Godavari District. 31 Annapurna Theatre, Rep. by its Managing Partner, T.Mahesh, aged about years, Ramachandrapuram, East Godavari District. 32 Srinivasa Theatre, Rep. by its Managing Partner, R.Srinivas, aged about years, Tuni, East Godavari District.

33 Sri Veeraju Theatre, Rep. by its Managing Partner, S.S.V.V.Ramesh, Aged about .. years, Tuni, East Godavari District. 34 Sri Rama Theatre, Tuni, Rep. by its Managing Partner, Ch. Suryanarayana Murthy S/o Sreerama Murthy, Aged about 72 years, Tuni, East Godavari District.

Petitioner(s) AND 1 The State of Andhra Pradesh , Rep. by its Principal Secretary Department of Home, Secretariat Buildings, Hyderabad. 2 The Joint Collector, Kakinada, East Godavari,District. Respondent(s) 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the 1st respondent in issuing G.O.Ms.NO.100 Home (General.A.1) Department, dated 26-4-2013 by providing therein for minimum and higher ticket admission prices for Airconditioned 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 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 made herein and upon hearing the arguments of SRI VUYYURU LAKSHMANA RAO Advocate for the Petitioners and G.P for Home for the Respondent No. 1&2 and the Court made the following.

Learned Assistant Government Pleader for Home takes notice for respondents and seeks time to get instructions. This matter is similar to W.P No. 22795 of 2014 and an interim direction was granted by this Court on 11-08-2014. There shall be a like order in this

Writ Petition as under;

"Pending further orders, the petitioners shall be permitted to collect rates as proposed by them in their application, dated: 17-06-2015, but the difference of the amount in the rates collected shall be maintained separately by the petitioners and shall be subject to further orders in the Writ Petition."

List along with W.P No. 22795 of 2014, Let counter affidavit be filed on behalf of the respondents.

SD/- Y. KRISHNA VARDHAN REDDY ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary Department of Home, State of Andhra Pradesh Secretariat Buildings, Hyderabad.

2 The Joint Collector, Kakinada, East Godavari,District. Sl No. 1&2 by RPAD 3 One CC to Sri VUYYURU LAKSHMAN RAO, Advocate (OPUC) 4 Two CC's to G.P for Home, High Court at Hyderabad (OUT) 5 Two Spare Copies.

Avs HIGH COURT AVSSJ DATED: 23-06-2015

WP NO. 18294 OF 2015 INTERIM DIRECTION Avs Dated: 23.06.2015 HIGH COURT AVSSJ DATED: 23-06-2015

WP NO. 18294 OF 2015 INTERIM DIRECTION