IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 851 of 2009 & W.A.M.P.No:1666 of 2009. (Writ Appeal under Clause 15 of the Letters Patent against the order dated 08/06/2009 in W.P.M.P.No.14023 of 2009 in W.P. No : 10905 OF 2009 on the file of the High Court.) Between: 1. Keerthana A.C.Theatre, Srikakulam, Managing partner P.V.K.Prabhakar Rao, S/o.Vasudeva Rao. 2. Keerthika A.C.Theatre, Srikakulam, Managing partner P.V.K.Prabhakar Rao, S/o Vasudeva Rao. 3. Kinnera Theatre, Srikakulam, Managing partner P.V.K.Prabhakar Rao, S/o Vasudeva Rao. 4. NCS A.C. Theatre, Vijayanagaram, Managing partner N.Srinivas Rao, S/o Narasimha Murthy. 5. Sri Venkateshwara Delux Theatre, Srungavarapu Kota Vijayanagaram,Prop.Smt.P.Varahalamma,W/o.S.H.G.Sankara Rao 6 Apsara Picture Palace,A.C.DTS, Rajam, Srikakulam District Managing partner Sri.Ch.Kiran Kumar,S/o.Ch.Satyanarayana 7 Theatre Soujanya,A.C.DTS,Gopalapatnam, Visakhapatnam District Managing partner, Sri.T.Sriramana Murthy,S/o.Late Seetharamayya aged about 71 years, 8 Sri Sai Lakshmi Theatre,Chodavaram, Vizianagaram District,Partner P.S.Pavankumar, S/o.Sitaram Kumar 9 Sri Lakshmi A.C.Theatre,Chodavaram, Vizianagaram District, partner P.S.Pavankumar,S/o.Sitram Kumar 10 Sri Surya Mahal, Payakaraopet,Vizianagaram District rep.by its proprietor Ch.Jagannadha Swami, 11 Sri Sai Mahal, Payakaraopet, Visakhapatnam rep.by its Proprietor Ch.Jagannadha Swami ..... APPELLANT(S) AND 1 The Government of Andhra Pradesh, rep.by its Secretary Home, Secretariat, Hyderabad 2 The Joint Collector, & Licensing Authority, Srikakulam District,Srikakulam 3 The Joint Collector & Licensing Authority, Vizianagaram District 4 The Joint Collector & Licensing Authority, Visakhapatnam District, Visakhapatnam .....RESPONDENTs Counsel for the Appellant:MR.M.S.PRASAD Counsel for the Respondent No.: GP FOR HOME The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR W.A. No.851 OF 2009 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellants against the order of the learned single Judge passed in W.P.M.P.No:14023 of 2009 in W.P.No:10905 of 2009 on 8.6.2009. The appellants are the writ petitioners have filed the writ petition in W.P.No:10905 of 2009 seeking to declare the action of the 1st respondent in not enhancing the admission rate for the classes in the threatre is arbitrary, irrational, discriminatory, illegal and consequently, set aside the G.O.Ms.No:369, Home General-A Department, dated 18.12.2008. Along with the said writ petition, the appellants have filed W.P.M.P.14023 of 2009 seeking to permit them to run the petitioner- theatres with the enhanced rates as per their applications dated 13.5.2009, 119.5.2009, 22.5.2009, 23.5.2009 and 26.5.2009. While entertaining the W.P.M.P.14023 of 2009, the learned single Judge having observed that the elements of balance of convenience, irreparable injury and public interest are absent for granting an interim order, has refused to pass an interim order, more so, an ex parte interim order. Having aggrieved by the same, the present writ appeal is filed by writ petitioners-appellants. Heard and perused the entire material available on record. At this stage of the proceedings, if any opinion is expressed on the merits of the case, it may touch the very merits of the case. However, in the facts and circumstances of the case as well as the nature of the lis, we feel it just and proper to set aside the order impugned while expediting the hearing of the writ petition on 27.7.2009. Consequently, the order impugned herein is set aside and the interim relief that is sought for in W.A.M.P.No:1666 of 2009 is granted pending disposal of the main writ petition. The Registry is directed to post the writ petition for hearing on 27.7.2009. Meanwhile, the learned G.P. shall file counters in all the writ petitions. Accordingly, this writ appeal is disposed of . ____________________________ Justice T. MEENA KUMARI _______________________ Justice SANJAY KUMAR Dated 29th June, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR W.A. No.851 OF 2009 & W.A.M.P.1666 of 2009 (Judgment of the Division Bench delivered by Hon’ble Smt. Justice T. Meena Kumari) Dated 29th June, 2009.