THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.21741 of 2001 Date : 11-06-2010 Between : Sri Vijay Talkies, Vijayawada, Krishna District, rep. by its Managing Partner : V.Venkat Rao .. Petitioner And The Films Division, Ministry of Information and Broadcasting, rep. by its Branch manager, Gandhinagar, Vijayawada, Krishna District and another .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.21741 of 2001 ORDER : In substance, the petitioner assails a Demand, dated 13-09-2001 issued in F.No.908/01-02/VS, by the Branch Manager on behalf of the Films Division, Ministry of Information and Broadcasting, Government of India, directing the petitioner to remit a sum of Rs.1,54,829/-. The said demand does not disclose the details or the source as to why such amount was liable to be paid by the petitioner. However, from the pleadings of the petitioner it would appear that the demand represents the rentals for screening short films supplied by the Films Division. The petitioner states that the said amount was sought to be collected representing the period from 01-04-1996 to 15-07-1999. It is further stated that the liability of an exhibitor would arise only when the Films Division supplies short films for exhibition and in the absence of such supply, an exhibitor is not liable to pay any such amount. The petitioner asserts that during the said period from 01-04-1996 to 15-07-1999, short films were not supplied, consequently no liability would arise and therefore, the demand as per the notice referred to above does not arise. It is to be noted that although Writ Petition relates to the year 2001 and this Court by interim orders dated 17-10-2001 in W.P.M.P. No.27382 of 2001 interdicted further proceedings, the respondents have not filed any counter. The learned counsel for the petitioner relies on the orders of a learned Division Bench of this Court in Writ Appeal No.298 of 2001 and batch, dated 21-08-2001 in which it was directed that the liability of those appellants was required to be determined on the resolution of the primary dispute as to whether short films had in fact been supplied to them or not and such a dispute was required to be resolved by the respondents. This Court on an earlier occasion relied on the orders of the learned Division Bench and passed orders in W.P.No.5132 of 2002, dated 26-03-2010. The facts of the case on hand and the dispute as to whether the petitioner is liable and is obligated to pay the amount as per the Notice, dated 13-09-2001, appear to be similar. It may be further noted that while issuing the Notice, dated 13-09-2001, purportedly with reference to the letter of the petitioner, dated 07-09-2001 pursuant to which the petitioner sought for No Objection Certificate for renewal of licence, the first respondent has not indicated any details to arrive at the sum indicated therein. The said Notice is bereft of reasons as to how the petitioner was made liable to pay the sum as directed. As noted earlier, the dispute whether during the relevant period short films were in fact supplied and if so what is the liability of the petitioner are the questions of fact which are to be decided with reference to the records by the respondents. Having regard to the aforesaid facts, it is suffice to issue appropriate directions to decide the disputed questions of fact and then determine the liability of the petitioner. Having regard to the above, the Writ Petition is disposed of with a direction to the first respondent to determine the liability of the petitioner only after deciding the disputed fact whether short films were supplied to the petitioner during the period from 01-04-1996 to 15-07-1999 and on such determination communicate the liability, if any, to the petitioner and recover the amounts due. The Writ Petition is disposed of in the above terms. No costs. _________________ NOUSHAD ALI, J. 11th June, 2010. skmr