IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 17568 of 2001 Between: 1. Theatre Gowri Shanker, Rep. by its Prop. Gummadi Veeraiah, S/o.Sayanna, Kothapet, Guntur District. 2. Krishna Mahal, Rep. by its Partner, K.Praveen Kumar, S/o.Santosh Kumar, Station Road, Guntur District. 3. Theatre Venkata Krishna, Rep. by its Managing Partner, K.Venkata Krishna, R/o.Station Road, Guntur District. ..... PETITIONERS AND 1. Government of Andhra Pradesh, Rep. by its Secretary, Home (General Admn.) Department, Secretariat, Hyderabad. 2 The Joint Collector, Guntur, Guntur 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, declaring the G.O.Ms.No.538 Home (Genl.A) Department dt;11.7.1994 and G.O.Ms.No.218 Home (Genl.A) Department dt:14.7.1995 in so far as fixing the maximum, rate of admission in respect of lowest class, is beyond the scope of the provisions of A.P.Cinemas (Regulation) Act, 1955 and as such the same is illegal and arbitrary. Counsel for the Petitioners: MR.JALAKAM.SAMPATH KUMAR Counsel for the Respondent Nos.1 and 2: G.P.FOR HOME The Court made the following : ORDER: The petitioners are cinema theatres having B-form licences under A.P.Cinemas (Regulation) Act, 1955. The Writ Petition is filed questioning G.O.Ms.No.538 Home (Genl.A) Department, dt.11.7.1994 and G.O.Ms.No.218 Home (Genl.A) Department, dt.14.7.1995. The question raised in this Writ Petition is squarely covered by my judgment in Natraj Theatre v. Government of Andhra Pradesh, which was subsequently followed by other Judges of this Court. In the said judgment this Court issued the following directions. 1. The impugned Memo No.1730/Genl.A1/94-3 dated 23.5.1995 is declared as ultra vires, without power or jurisdiction and the same is set aside. 2. Consequential orders passed by the Licensing Authority, if any, are vitiated as the Licensing Authority abdicated its statutory functions and acted as per the dictates of the Government, and they accordingly are set aside. 3. If the petitioner has already been accorded permission for reducing seating capacity either by the Government or by the Licensing Authority, the same shall not be rescinded. However, if the order is passed by the Government pursuant to the interim orders of this Court, a formal order by the Licensing Authority is a must to save the order of the Government from the vice of being void order. 4. The petitioner is permitted to make application to the Licensing Authority seeking reduction of seating capacity, if not already made before or during the pendency of the writ petition. Such application shall be considered in accordance with law and keeping in view the observations in this judgment. For the purpose of direction No.3 above the application made by the petitioner, if any, shall be considered. 5. If any licensee has reduced seating capacity in anticipation of sanction by the Licensing Authority, the Licensing Authority may inspect the theatre and give further directions as may be appropriate to avoid abuse or misuse of reduced seating capacity. This direction is in accordance with the judgment of the Division Bench of this Court in W.P.No.9640 of 1984 dated 30.10.1984. 6. The licensee shall not be entitled to enhance the rates of admission which has been already sanctioned by the Government vide G.O.Ms.No.218 dated 14.7.1995 and any further enhancement by the licensee will be in accordance with further sanction by the competent authority. And 7. It is further directed that the Licensing Authority has to consider any application filed at any time seeking reduction of seating capacity subject to the provisions of the Rule 10-A without any restriction as to cut off date. Following the same, this Writ Petition is also disposed of in terms of above directions. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 16.6.2005 bnr/ys To 1. The Secretary, Government of Andhra Pradesh, Home (General Admn.) Department, Secretariat, Hyderabad. 2. The Joint Collector, Guntur, Guntur District. 3. 2 CCs to G.P. for Home, High Court Bldgs., Hyderabad (OUT) 4. 2 CD copies.