IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE V.SURI APPARAO WRIT PETITION No.6349 of 2011 Between: Cine Prekshakula Viniyga Darula Sangham, Rep.by its Secretary M.Venugopal Rao ..... PETITIONER AND The Government of Andhra Pradesh, Rep.by its Chief Secretary, Secretariat, Hyderabad and 5 others .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE V.SURI APPARAO WRIT PETITION No.6349 of 2011 ORDER: (per Hon’ble Sri Justice V.Eswaraiah) Petitioner seeks to issue a Writ of Prohibition by prohibiting the State of Andhra Pradesh not to modify by enhancing the rates of G.O.Ms.No.369 Home (General-A) Department dated 18.12.2008 until the batch of 200 writ petitions i.e. W.P.2773/2009 and batch are disposed of, in exercising of powers conferred in G.O.Rt.No.2071 of 2010 dated 02.12.2010, and issue a Writ of Mandamus directing respondents Nos.2, 3 and 4 to take steps to vacate the interim orders in pending 200 cases batch of writ petitions i.e. W.P.2773/2009 and batch and to direct the 4th respondent-Commissioner of Police to take steps not to sell online tickets by enhancing 20% per ticket without permission granted by the Licencing Authority. It is the case of the petitioner that this writ petition is filed as public interest litigation for protection of innocent cine-viewers. It is stated that the Exhibitors of various cinema theatres filed various writ petitions seeking to issue Writ of Mandamus to declare the action of the Government in not enhancing the admission rates for the classes in the theatre as arbitrary and illegal and to set aside G.O.Ms.No.369 Home (General-A) Department dated 18.12.2008 and obtained interim order of permission to run the theatres with the enhanced rates, and the said writ petitions are pending. It is stated that as per the orders of G.O.Ms.No.369 Home (General- A) Department dated 18.12.2008 the Government enhanced the existing rates in respect of air conditioned and air cooled theatres from Rs.40/- to Rs.50/- and from Rs.35/- to Rs.50/-. It is the case of the petitioner that even the said enhancement, as ordered by the Government in G.O.Ms.No.369 dated 18.12.2008 is illegal and unauthorized and without any power. It is not in dispute that a learned Single Judge of this Court initially granted interim orders permitting the Exhibitors to run their theatres with enhanced rates as per their applications and the said interim orders were vacated subsequently by orders dated 13.08.2009 in W.V.M.P.1959/2009 and W.V.M.P.2263/2009 in W.P.980/2009 and batch and in respect of other pending writ petitions, the WPMPs seeking interim relief were dismissed. Aggrieved by the same, some of the Exhibitors filed W.A.1456/2009 and a Division Bench of this Court by order dated 20.01.2010 disposed of the writ appeals, directing to post the batch of writ petitions for final hearing at an early date. The learned Government Pleader for the respondents submits that the batch of writ petitions are coming for hearing tomorrow i.e. on 24.03.2011 before the learned Single Judge. In fact, the order of the Government in G.O.Rt.No.2071 of 2010 Home (General-A) Department dated 02.12.2010 is not at all questioned and the relief sought for in this writ petition is against the Government not to enhance the rates of cinema tickets pursuant to the orders of the Government in G.O.Rt.No.2071 dated 02.12.2010 till the batch of writ petitions i.e.W.P.2773/2009 and batch are decided and to direct the authorities to take steps for vacating the interim orders in W.P.2773/2009 and batch. We are not concerned with the legality and validity of orders of the Government in G.O.Ms.No.369 dated 18.12.2008 as the said order is subject matter of the aforesaid batch of cases. It is also requires to be noticed that the orders of the Government in G.O.Ms.No.369 dated 18.12.2008 was not stayed by any of the orders of this Court and the said enhancement rates in the aforesaid G.O. are being implemented. The impugned G.O.Rt.No.2071 dated 02.12.2010 indicates that on series of representations received by the Government from the trade bodies like Respondents Nos.5 and 6 seeking (1) enhancement of rate of admission of cinema theatres; (2) granting licences for online cinema ticket booking; (3) problems faced in following the latest fire safety measures in cinema theatres as per the National Building Code etc. and in order to evolve a suitable solution on the aforesaid three issues and to make appropriate recommendation, the Government constituted a High Power Empowered Committee consisting of six Secretaries of different departments of the State Government and the Committee is requested to submit their report. We are of the opinion that merely because of the batch of writ petitions questioning the orders of the Government in G.O.Ms.No.369 dated 18.12.2008 are pending on the file of this Court, it cannot be said that issuance of the aforesaid G.O.Rt.No.2071 dated 02.12.2010 constituting High Power Empowered Committee directing to submit a report with regard to representations from the trade bodies, as illegal and unsustainable. We are also of the opinion that merely because of batch of writ petitions questioning the G.O.Ms.No.369 dated 18.12.2008 are pending, it cannot be said that the Government has no power or authority to appoint a High Power Empowered Committee and ask them to submit report with regard to the aforesaid three issues. It is pertinent to note that the writ petition seeking a direction to Respondents Nos.2, 3 and 4 to take steps to vacate interim orders in W.P.2773/2009 and batch is also not maintainable. In fact, in various writ petitions vacate stay petitions are filed, interim orders are vacated and applications seeking interim order are also dismissed, and therefore, it cannot be said that the Government is not taking any steps. As the batch of writ petitions are coming up for final hearing tomorrow i.e. on 24.03.2011, we are not inclined to admit this writ petition. We find no merit in this Writ Petition and the same is accordingly dismissed. No order as to costs. ________________ V.ESWARAIAH,J __________________ V.SURI APPARAO,J Dated: 23.03.2011 Dsr