HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.13436 & 14929 of 2004 Date : 25.11.2009 Between : S. Nagendra Prasad & others. …..Petitioners And Joint Collector & Licensing Authority, Khammam & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos. 13436 & 14929 of 2004 COMMON ORDER : As, on similar set of facts, common questions of law arise for consideration, both these writ petitions are heard together and are being disposed of by this common order. For the purpose of disposal, I refer to the facts as stated in W.P.No.14929 of 2004. 2. The petitioners in W.P.No.14929 of 2004 are partners of a cinema theatre, namely, ‘Jagadamba theatre’ in Venkatapuram village and Mandal of Khammam District, which is stated to have been constructed by their father in the year 1986. Petitioners are exhibiting films in the said theatre, by obtaining license as per the A.P. Cinemas (Regulation) Rules, 1970, framed under the A.P. Cinemas (Regulation) Act, 1955. When they applied for renewal of ‘C’ permit for the period beyond June 2004, the Joint Collector, Khammam, has rejected their request for renewal on the ground that the theatre was constructed in Survey Nos.68/2 and 69/2b by encroaching into the said land, though construction was permitted in an area of Ac.0-17 Cents in Survey No.68/P. It is also stated that during the relevant point of time, the A.P. Scheduled Areas Land Transfer Regulations were in force, as such, in view of the encroachment, the petitioners are not entitled for extension of ‘C’ permit. 3. When the orders of rejection were passed, the petitioners have filed this writ petition in the year 2004, and, by way of interim orders, dated 23.08.2004, this Court suspended the orders of the Joint Collector, Khamma, dated 11th August 2004. 4. In this writ petition, it is the case of the petitioners that the cinema theatre was not constructed on any encroached land. It is their further case that the allegation of encroachment and violation of the provisions of the Land Transfer Regulations are irrelevant for the purpose of considering the applications filed for renewal of license granted under the provisions of the A.P.Cinemas (Regulation) Act, 1955. 5. Though the writ petition is of the year 2004, no counter affidavit is filed by the respondents. 6. The A.P. Cinemas (Regulation) Rules, 1970, provides that the scope of inquiry at the stage of renewal of permit should be limited only to see that the applicant is having valid electrical and fire certification, and also certification with regard to longevity of the building as certified by the concerned Executive Engineer, etc. Therefore, while considering the applications for renewal of license/extension of ‘C’ permit, the authorities under the provisions of the A.P. Cinemas (Regulation) Act, 1955 and the Rules made thereunder, ought not to have examined the rules with regard to allegation of encroachment, violation of Land Transfer Regulations, etc. Though counter affidavit is not filed, as evident from the order of the Joint Collector, dated 11th August 2004, passed in Rc.No.C2/1586/2004, it is clear that the claim of petitioners for renewal of license/extension of ‘C’ permit was rejected only on the allegation that the construction of theatre was made on an encroached land and in violation of the provisions of A.P. Scheduled Areas Land Transfer Regulations. Both the said allegations are totally irrelevant for the purpose of considering the application for renewal of license/ ‘C’ permit granted under the provisions of the A.P. Cinemas (Regulation) Act, 1955 and the Rules made thereunder. 7. For the aforesaid reasons, as the extension was sought for a limited period, and in view of expiry of the said period also, I deem it appropriate to allow both the writ petitions, by setting aside the impugned orders. Accordingly, W.P.No.14929 of 2004 is allowed and the Proceedings issued by the Joint Collector, Khammam, in Rc.No.C2/1586/2004, dated 11.08.2004, are set aside. W.P.No.13436 of 2004 is also allowed, by setting aside the proceedings issued by the Joint Collector, Khammam in Rc.No.C2/1157/2000, dated 10.06.2003, and also by setting aside the orders issued by the Government in G.O.Rt.No.1022, Home (General. A) Department, dated 08.07.2004. T h e licensing authority/Joint Collector, Khammam is directed that if any application is made by the petitioners for renewal of ‘B’-Form license or ‘C’ permit, the same shall be considered without reference to the allegation of encroachment or violation of the provisions of A.P. Scheduled Areas Land Transfer Regulations. It is needless to observe that such consideration shall be in compliance to the provisions as contained under the A.P. Cinemas (Regulation) Act, 1955 and the A.P. Cinemas (Regulation) Rules, 1970. No order as to costs. _____________________ R.SUBHASH REDDY, J 25th November 2009 ajr