IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 19130 of 2002 Between: The Secretary, K.C. Sekhar Babu, The Andhra Pradesh Film Chamber of Commerce, Ramanaidu Building Complex, Film Nagar, Jubilee Hills, Hyderabad. ..... PETITIONER AND 1 The Principal Secretary, Home Department, Government of Andhra Pradesh Secretariat Buildings, Hyderabad. 2 Films Division, Represented by its Branch Manager, Ministry of Information and Broadcasting, Government of India, Sultan Bazar, Hyderabad. 3 Branch Manager, Films Division, Gandhinagar, Vijayawada, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring that condition Nos. 41 & 42 of B-Form Licence, as illegal, null, void and unconstitutional; and consequently declare the 1st respondent Memo No.36170/Genl.A2/2001- 6, dated 3-5-2002 as illegal, null, void and arbitrary. Counsel for the Petitioner : MR. K.DURGA PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.19130 OF 2002 ORDER : This writ petition is filed by the Andhra Pradesh Film Chamber of Commerce seeking a declaration that the Condition Nos.41 and 42 of B- Form Licence as illegal, null and void and consequently to declare the Memo dated 3.5.2002 issued by the Government of A.P. as arbitrary and illegal. Under the impugned memo dated 3.5.2002 comprehensive instructions were issued by the Government of A.P. to all the District Collectors in the State who are the licensing authorities, to take necessary steps to enforce the licensing conditions pertaining to compulsory exhibition of approved films as made available to the cinema theatres by the Films Division and payment of rental charges at the rate of one per cent of net collection to the Films Division and to insist upon all film exhibitors to produce Approved Film Certificate issued by Films Division, Ministry of Information and Broadcasting, Government of India, Hyderabad, before the renewal of their respective licences to cinemas. It is not in dispute that as per Condition Nos.41 and 42 of B-Form licenses granted under A.P. Cinemas (Regulation) Act, 1955 and the Rules made thereunder the licensee shall comply with the directions issued by the Government as to the manner in which the approved films shall be exhibited. It is also not in dispute that the validity of above said licensing conditions was upheld by the Supreme Court in UNION OF INDIA v. MOTION PICTURE ASSN.[1]. Thereafter when the Films Division started issuing notice to the theatre owners, challenging the said action a batch of writ petitions were filed and the same were dismissed by this Court. Aggrieved by the same, the theatre owners preferred W.A.No.298 of 2001 and batch. A Division Bench of this Court disposed of the said batch of Writ Appeals by judgment dated 21.8.2001 observing that the respondents cannot refuse to renew the licences unless the condition precedent therefor are not satisfied. Apparently the instructions under the impugned memo dated 3.5.2002 were issued in terms of the judgment of the Supreme Court in MOTION PICTURE ASSN.’S case ( 1 supra) as well as the judgment of the Division Bench in W.A.No.298 of 2001 and batch, dated 21.8.2001 and the petitioners are bound to comply with the same. Hence, the interference by this Court is not warranted. However, it is made clear that the respondents cannot refuse to renew the licenses of the theatre owners unless the condition precedent therefor are not satisfied. Accordingly, the Writ Petition is disposed of subject to the above said observation. No costs. _____________ G. ROHINI, J. Dt. 26.02.2009 gbs [1] (1999) 6 SCC 150