IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13475 of 2001 Between: Alankar (Air-Conditioned) Theatre, Rep. by its Proprietor: Sri. K.Krishnarjuna Rao S/o.Sri Venkateswarlu R/o.Gandhinagar, Vijayawada-3, Krishna District. ..... PETITIONER AND 1 The Joint Collector, Krishna at Machiliptanam. 2 Government of A.P. Home (Cenematography) Department, Hyderabad. .....RESPONDENTS 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 to issue a writ, order or direction more particularly a Writ of Mandamus declaring the proceedings of the Respondent bearing Rc.C2/89/A/2001 dated 12.5.2001 as illegal and ultra vires the provisions of Article 14 and 19(1)(g) of the Constitution of India besides being non-application of mind and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{MADHURI} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13475 of 2001 O R D E R: No counter is filed. Heard on either side and perused the material available on record. The petitioner is a theatre, situated at Vijayawada, questions the order of the Joint Collector in Rc.C2/89/M/2001, dated 12.05.2001 in levying penalty of Rs.10,000/- on the petitioner for violating the licensing conditions and the rules. The case of the petitioner is that the petitioner is a renowned theatre in Vijayawada and there was never any complaint whatsoever and without violating the terms and conditions of the licence and the rules the petitioner has been exhibiting the pictures in its theatre and never indulged in black marketing the tickets or violated any terms and conditions of the licence. It is stated that the Sub Collector, Vijayawada raided Alankar AC Theatre of the petitioner along with Mandal Revenue Officer, Vijayawada (Urban), Sub Inspector of Police, Deputy Commercial Tax Officer and other staff members on 18.01.2001 and at about 5.15 p.m. and at the time of raiding, they found that the tickets are being sold outside the theatre by some antisocial elements at higher rates than that of fixed rates to the public and they have caught hold of 9 persons red- handedly and conducted enquiry in the theatre premises itself, and the enquiry revealed that Telugu film ‘Deviputrudu’ was released in the said Theatre on 15.01.2001 and the management has stated that the tickets for two classes i.e. Balcony and 1st class were sold on 13.01.2001 itself for the period from 15.01.2001 to 21.01.2001 and a board was also exhibited in the theatre premises to that effect. Based on the enquiry report of the Sub Collector, Vijayawada in Rc.A1-179/01, dated 26.01.2001, the Joint Collector, Krishna issued a show cause notice dated 21.03.2001 to the petitioner stating that as per the report of the Sub Collector, the management have themselves blocked the tickets and got sold outside by antisocial elements in black market to the public at double rates than that of fixed rates. It was also reported that as seen from D.C.R, it was written up to first show (third show of the day) on 18.01.2001 and not up to 21.01.2001 as written by them on the board. It is further stated that the petitioner sold the coupons instead of regular tickets and at the time of verification, it was found that numbering of coupons regular tickets and D.C.R numbers are different and not tallied with each other. It is further reported that the theatre management has failed to fix thermo metres of foreign heat type at three or four places inside the theatre and sanitary conditions are not in good condition and also proper drinking water is not being supplied to the audience. Accordingly, the petitioner was called upon to submit explanation as to why their B-Form licence should not be suspended for violating the conditions of the licence and the rules. An explanation has been submitted by the petitioner on 07.04.2001 admitting the fact of raid conducted by the Sub Collector along with concerned officers on the petitioner theatre on 18.01.2001 and also admitting about the tickets being sold outside the theatre by antisocial elements at the higher rates than that of the fixed rates to the public. It is also admitted that the inspection team caught hold of 9 persons red-handedly, but it is submitted that the said persons are not related to the theatre and they are outsiders. With regard to the sale of advance tickets are concerned, it is stated that the upper two class tickets were sold in advance on 13.01.2001 for one week from 15.01.2001 to 21.01.2001 and a board was also exhibited to that effect in the theatre premises due to release of new picture ‘Deviputrudu’ on 15.01.2001. This is all the explanation with regard to point No.1 about the sale of the tickets in black market. With regard to Point No.2, it is stated that the petitioner never blocked the tickets or got sold outside by antisocial elements in the black market to the public at higher rates. It is explained that generally the persons who intended to sell the tickets outside through black market, they would purchase the tickets from advance booking counters and accordingly they purchased the tickets through advance booking counters and have been selling the same outside the theatre in black market at higher rates. The management has no way concerned for the said black marketing sale of tickets. With regard to writing of D.C.R. (Daily Collection Report) is concerned, it is stated that the same will be written for every day running shows and the DCR was written upto the first show i.e. third show of the 18.01.2001. It is stated that the public were informed through the notice board that advance booking tickets were already issued for the period from 15.01.2001 to 21.01.2001 on 13.01.2001 itself. It is further stated that as per the existing system for payment of commercial tax/entertainment tax is concerned, it is stated that the slab rate was prevailing, but not as per the ticket-wise and therefore, there was no obligation to supply the tickets by the Department and the management used to print the tickets with machine numbering for each class and selling the tickets as per the rates fixed. It is stated that coupons are being printed by the management when the release of new picture for advance booking purpose for two upper classes. During advance booking, the coupons are being issued to the public instead of regular tickets and the corresponding regular tickets are being torn out from the regular tickets bunch after noting the serial numbers in D.C.R for every show and each class. The regular tickets are being issued for every show and each class by the management as per the rules and maintaining the DCR. The same fact was informed to the inspection team on 18.01.2001 and also to the Sub-Collector Vijayawada during the inspection. The inspection team officials verified the D.C.R with reference to the coupons instead of regular ticket serial numbers. With regard to the thermo metres, it is stated that the Team have not inspected the entire theatre though thermo metres have been fixed at all places in the theatre as required under the Act. With regard lapse of sanitation, it is stated that by the time of inspection the theatre sanitation workers are being attended the cleaning and other sanitation. The Inspection Team have raided the theatre just before completion of the matinee show. It is stated that drinking water facility is also being maintained in the theatre for the sake of audience. Sri V.S.R.Anjaneyulu, learned counsel appearing for the petitioner submits that the Joint Collector passed final order dated 12.05.2001 imposing penalty of Rs.10,000/- for the alleged violation of sale of the tickets in the black market though the allegations made in the show cause notice are not established or proved. It is stated that the so called enquiry report of the Sub-Collector dated 26.01.2001 is not furnished and the inspecting officials have not been examined, and therefore, the passing of final order basing on the report of the Sub Collector and the enquiry report is illegal and unsustainable. I have perused the show cause notice, explanation and the final order. A perusal of the explanation goes to show that in fact the petitioner admitted the fact of conducting raid by the Sub-Collector on 18.01.2001 and also with regard to conduct of enquiry in the theatre premises and also with regard to caught hold of 9 persons red-handedly who were indulging in the sale of tickets in the black market at the higher rates on 18.01.2001. There was no any request or representation either to furnish a copy of enquiry report or to examine any officials of the Inspection Team. The Inspection was not at all disputed or denied. In fact, it was accepted about the conduct of raid and the enquiry. If that be so, I am of the opinion that it cannot be said that the petitioner has been deprived of any reasonable opportunity or the enquiry report. In the absence of any request or representation and when the fact of inspection and the enquiry report is not at all disputed, I am of the opinion that it cannot be said that principles of natural justice have been violated. In so far as the main charge about the black marketing of tickets is concerned, it is noticed that the Sub Collector conducted the raid on the petitioner theatre in connection with the complaints on 18.01.2001 and caught hold of 9 persons red-handedly while they were selling the tickets to the public at the higher rates than that of fixed rates. It is also not in dispute that a week tickets said to have been sold on 13.01.2001 itself for the period from 15.01.2001 to 21.01.2001 and to that effect a board was also exhibited in the theatre premises. The contention of the petitioner that coupons are being printed for advance booking purpose and they will be issued to the public instead of regular tickets and the corresponding regular tickets are being torn out from the regular ticket bunch after noting the serial numbers in the D.C.R for every show etc. is untenable and unaccepted. In fact, when the raid was conducted, the tickets itself were found sold at the higher rates in the black market in the theatre premises, therefore, it cannot be said that the charges leveled against the petitioner in the show cause notice are incorrect. I am of the opinion that the Joint Collector having considered the explanation of the petitioner, instead of suspending the licence, has rightly levied penalty of Rs.10,000/- which was already collected and paid by the petitioner. For the foregoing reasons, I do not see any merit to allow the writ petition. The Writ Petition is, accordingly, dismissed. ___________________ V.ESWARAIAH,J Dated: 18.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Joint Collector, Krishna at Machiliptanam. 2 Government of A.P. Home (Cenematography) Department, Hyderabad. 3.2CCs to 4.2CD copies