Hari Hara Mahal (Screen - Ii) vs. The Government Of Andhra Pradesh

WP/30311/2013HC Andhra PradeshGSTCNR APHC01021177201307 January 2024Bench: K MANMADHA RAO4 pages
AI SummaryRemanded

Held

The Court noted that the petitioner's grievance, which was the subject matter of the writ petition challenging G.O.Ms. No. 100 dated 26-04-2013 concerning minimum ticket admission prices, was redressed by the subsequent issuance of G.O.Ms.No.13 dated 07.03.2022. This new Government Order revised and fixed new rates of admission into cinema theatres in the State, superseding the earlier G.O. The Court was informed that the revised rates addressed the concerns raised by the petitioner. Consequently, the Court found that the cause for the present writ petition no longer survived for adjudication. Therefore, the Court decided to close the writ petition, stating that there was no need to pass any further orders on the merits of the original challenge. No issue was expressly left undecided, as the matter was resolved by subsequent executive action.

Facts

The petitioner, a cinema theatre owner, filed a writ petition challenging G.O.Ms. No. 100 dated 26-04-2013 issued by the Home Department, Government of Andhra Pradesh. This G.O. mandated minimum ticket admission prices for Air-Conditioned and Air-Cooled theatres, fixing a price of Rs. 10/- for the lowest class of admission, which the petitioner contended was contrary to recommendations and illegal. The petitioner sought to strike down this provision and permit them to collect Rs. 20/- or a price deemed appropriate. During the hearing on 08.01.2024, the petitioner's counsel presented G.O.Ms.No.13 dated 07.03.2022, which revised and fixed new rates of admission for various types of cinema theatres, superseding previous G.Os. The Government Pleader stated that the petitioner's grievance was redressed by this new G.O. and requested the Court to close the petition.

Key Issues

1. Whether the action of the 1st respondent in issuing G.O.Ms. No. 100 dated 26-04-2013, by providing minimum ticket admission prices for AC and Air-Cooled theatres and fixing a price of Rs. 10/- contrary to recommendations, is illegal, arbitrary, and unconstitutional under the A.P. Cinema (Regulation) Act, 1970 and A.P. Cinema (Regulation) Rules, 1971? Petitioner's Contention: The petitioner argued that the minimum ticket price fixed by G.O.Ms. No. 100 was illegal, arbitrary, and unconstitutional, violating the provisions of the A.P. Cinema (Regulation) Act, 1970 and Rules, 1971. They sought to strike down the G.O. to the extent it imposed these restrictions and allow them to collect a higher minimum price. Revenue/State's Contention: The respondents, through the Assistant Government Pleader, submitted that the grievance of the petitioner had been redressed by the subsequent issuance of G.O.Ms.No.13 dated 07.03.2022, which revised the admission rates. They requested the Court to close the writ petition.

Sections Cited

A.P. Cinema (Regulation) Act, 1970, A.P. Cinema (Regulation) Rules, 1971

AI-generated summary — verify with the full judgment below

THE HON’BLE DR.JUSTICE K. MANMADHA RAO

Writ Petition No.30311 of 2013

ORDER:-

This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“… to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing G.O.Ms. No. 100 Home (General-A1) Department, dated 26-04- 2013 by providing therein for minimum ticket admission prices for Air- Conditioned and Air-Cooled theaters and in further, notifying a price of only Rs. 10/- contrary to the recommendations made by the High Power Committee and in also fixing a minimum percentage for such category of seats as illegal, arbitrary, Unconstitutional, of A.P. Cinema (Regulation) Act, 1970 and A.P. Cinema (Regulation) Rules 1971 and strike down the said G.O., to the extent of making such provisions and permit the cinema theaters incluing the petitioners to collect Rs. 20/- or any other price deemed appropriate by them for the lowest class of admission in the cinema theaters and to pass such other order or orders….”

2.

Heard learned counsel for the petitioners and learned Assistant Governme

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