IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE TENTH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION Nos.2270 & 2304 of 2010 WRIT PETITION Nos.2270 of 2010: Between: M/s. Alankar Picture Palace, Jammalamadugu, Kadapa District, reptd., by its Proprietor- S.K.Mohammed. … Petitioner And: Government of Andhra Pradesh, reptd., by its Principal Secretary (Home), Secretariat, Hyderabad and others. … Respondents WRIT PETITION Nos.2304 of 2010: Between: M/s. TPR Movie Land, Jammalamadugu, Kadapa District, reptd., by its Proprietor-T.Rushikesh Reddy and others. … Petitioner And: Government of Andhra Pradesh, reptd., by its Principal Secretary (Home), Secretariat, Hyderabad and others. … Respondents Counsel for the petitioners (both WPs): Sri K.Durga Prasad. Counsel for the respondents(both WPs):AGP for Home. This Court made the following: ORDER:- These two Writ Petitions have been filed assailing notices, dated 29-1-2010, issued by the Revenue Divisional Officer, Cinemas (Home), Jammalamadugu, Kadapa District, respondent No.3 herein, whereby the petitioners were informed that they have not provided any facilities/arrangements as per terms and conditions of Fire Services Department (for short “the Department”); and that the Department has not issued “no objection certificates” for renewal of their licenses. Accordingly, while refusing to renew the licenses of the petitioners, respondent No.3 directed stoppage of screening of the films and closed the theatres. At the hearing, Sri K. Durga Prasad, learned counsel for the petitioners, submitted that all the petitioners hold valid permissions from the R & B, Medical & Health, Commercial Tax and Electrical Departments; and that a Division Bench of this Court, in a batch of Writ Petitions, directed that the license renewing authorities should not insist on production of no objection certificates from the Department in respect of the existing theatres, for the time being. The learned counsel further submitted that the Division Bench directed that the licensees shall maintain fire safety measures, except the minimum setbacks, which they have been scrupulously observing. He further submitted that respondent No.3, being a license renewing authority, is not empowered to direct stoppage of screening of the films and closure of the theatres of the petitioners. At the hearing, the learned Assistant Government Pleader for Home has not disputed the fact that the Division Bench has granted the above mentioned order, by which it directed that maintenance of minimum setbacks by the existing theatres shall not be insisted for the time being, subject to the minimum fire safety measures to be undertaken by the licensees. Therefore, respondent No.3 is required to consider the applications of the petitioners for renewal of their licenses keeping in view the above directions of this Court and renew the licenses if he is satisfied that minimum fire safety measures, such as, provision of water buckets, fire extinguishers, sand buckets, water sumps containing minimum water quantity etc., is made. As regards the power of respondent No.3 to give directions to the petitioners to stop screening of the films and closing of the theatres, it is not in dispute that such a power vests only in the licensing authority i.e., the Joint Collector. Respondent No.3 is vested only with the power of granting or rejecting the renewal of licenses. In this view of the matter, that part of the impugned notices, by which the petitioners were directed to stop screening of the films and closing of the theatres, is set aside. Subject to the above observations, both the Writ Petitions are disposed of. Respondent No.3 is directed to reconsider the applications of the petitioners for renewal of their licenses in terms of Rule 12-A of the A.P. Cinemas (Regulation) Rules, 1970 within a period of four weeks from the date of receipt of a copy of this order. Needless to observe that till the disposal of the applications of the petitioners, they shall be permitted to screen the movies in their respective theatres. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:10-3-2010 MNR