IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 7976 of 2008 Between: M/s. Durga Touring Theatre, Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District Rep. by its Managing Partner Sri Pilla Suryanarayana Patrudu, S/o. late Satyanarayana Patrudu Aged 58 years, R/o. Madhurawada, Visakhapatnam. ..... PETITIONER AND 1 The Government of A.P. Rep. by its Secretary, Home (General A-1 Dept.) Secretariat, Hyderabad. 2 The Joint Collector/Licensing Authority, Visakhapatnam, Visakhapatnam District. .....RESPONDENTS Counsel for the Petitioner: SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: This Writ Petition is filed for a writ of Mandamus to set aside endorsement dated 20-03-2008, issued by respondent No.2, whereby he declined to restore the petitioner’s Form-B license by revoking suspension order dated 22-12-2007. Heard Sri P.Satyanatayana, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Home, appearing for the respondents. In the impugned endorsement dated 20-03-2008 passed by respondent No.2, the petitioner was directed to comply with the norms enumerated therein for restoration of his form-B license. The learned Counsel for the petitioner submitted that the petitioner complied with all but one condition relating to structural changes. He further submitted that with respect to the requirement of structural changes, a Division Bench of this Court, by order dated 29-09-2006 passed in W.P.No.20736 of 2006, stayed insistence on making such structural changes, and hence, subject to the result of the said Writ Petition, the respondents may not be insisted to make structural changes in conformity with the National Building Code of India, 2005. Having perused the record and heard the learned Assistant Government Pleader for Home, I am of the view that respondent No.2 shall not insist on the structural changes to be made, to bring the petitioner’s cinema theatre in conformity with the provisions of the National Building Code of India, 2005, in view of pendency of Writ Petitions in this Court and the aforesaid interim direction granted by a Division Bench of this Court in W.P.No.20736 of 2006. The Writ Petition is, therefore, disposed of with the direction to respondent No.2 to consider restoration of B-Form license to the petitioner, subject to his complying with all the conditions contained in proceedings dated 20-03-2008, except to the extent of making the structural changes in accordance with the provisions of National Building Code of India, 2005. Respondent No.2 is further directed to reconsider the issue and take a decision within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the requirement of the structural changes to be made by the petitioner shall depend upon the outcome of W.P.No.20736 of 2006. As a sequel to disposal of the Writ Petition, WPMP.No.10492 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. _____________________ (C.V.Nagarjuna Reddy, J) 25th April, 2008 Note: Furnish CC by 30-04-2008 B/o lur