Sri Ramakrishna Chitra Mandhir, 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 EIGHTH DAY OF JULY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WP .NO: 23267 of 2015 Between:

1 Sri Ramakrishna Chitra Mandhir, Rep. by its Managing Partner, B.L.S. Amma W/o Somi Naidu, Aged about 76 years, Payakaraopet, Visakhapatnam District. 2 Sri Rajeswari Kala Mandhir, Rep. by its Managing Partner, B.R.K.Guptha, G.T.Road, Narasannapeta, Srikakulam District.

3 Sekhar Theatre, Rep. by its Managing Partner, P.V.N. Rao, Amalapuram, East Godavari District.

4 Sri Lakshmi Theatre, Rep. by its Managing Partner, T. Varalakshmi, Kakarapalle, East Godavari District.

5 Sri Srinivasa Theatre, DTS, Rep. by its Managing Partner, G.Nageswara Rao, Uppada, East Godavari District.

..... Petitioners 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. 3 The Joint Collector, Visakhapatnam, Visakhapatnam District. 4 The Joint Collector, Srikakulam, Srikakulam 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 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 upon hearing the arguments of Sri V. Lakshman Rao, Advocate for the Petitioners and the learned Assistant Government Pleader for Home (AP) for the Respondents, the Court made the following

ORDER:

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 applications dated 13.07.2015, 17.07.2015 and 21.07.2015 respectively, 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 respondents." 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. 3 The Joint Collector, Visakhapatnam, Visakhapatnam District. 4 The Joint Collector, Srikakulam, Srikakulam District. (Addressees 1 to 4 BY RPAD) 5 One CC to Sri V. Lakshman Rao, Advocate (OPUC) 6 Two CCs to the G.P. for Home (AP), High Court, Hyderabad. (OUT) 7 One spare copy.

nnr HIGH COURT

AVSS,J DATED: 28-7-2015 NOTE: List along with WP No.22795 of 2014

ORDER

W.P.NO. 23267 OF 2015 DIRECTION

HIGH COURT Nnr Date of Drafting : 30-07-2015 AVSS,J DATED: 28-7-2015 NOTE: List along with WP No.22795 of 2014

ORDER

W.P.NO. 23267 OF 2015 DIRECTION