Telangana High Court
The Hyderabad State Film Chamber Of ... vs The Government Of A.P., Rep. Byits ... on 1 December, 2022
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY THE SIXTEENTH DAY OF MARCH
TWO THOUSAND AND SEVEN
:PRESENT:
THE HON'BLE SHRI G.S.SINGHVI THE CHIEF JUSTICE
AND
THE HON'BLE SHRI JUSTICE G.BHAVANI PRASAD
WRIT PETITION NOS : 18110, 21280, 20736, 26849, 26836 AND 20483 of
2006
WRIT PETITION NO. 18110 OF 2006:
Between:
1. The Hyderabad State Film Chamber of Commerce, S.D. Road,
Secunderabad, rep. by its. Hon. Secretary.
2. Andhra Pradesh Film Chamber of Commerce, Dr. D. Ramanaidu
Building Complex, Film Nagar, Jubilee Hills, Hyderabad rep. by its
President.
3. Konark Theatre 70 MM AC Theatre, Dilsukhnagar, Hyderabad, rep. by
its Managing Partner Sri K. Nagender Rao.
4. Venkateswara Theatre, Karinagar, rep. by its Licencee Sri K. Murali
Mohan Rao.
5. Sri Rama Talikes, Vijayawada, rep. by its Managing Partner, Sri T. Sai
Surya Prasad.
6. Seshamahal, Vijayawada, rep. by its Managing Partner Sri D.
Amarnat. ( Petitioners 3 to 6 added as per Court order
dated 11-09-2006 in WPMP. No. 23538 of 2006 in W.P. No. 18110 of
2006)
.... Petitioners
AND
1. The Government of A.P., rep. by its Secretary, Home ( General -A1)
Department, Secretariat, Hyderabad.
2. The Director General of Fire Services, A.P., 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 issue an appropriate Writ, Order or direction more particularly one
in the nature of Writ of Mandamus declaring that the amendments brought in
to the Andrha Pradesh Cinemas ( Regulation) Rules, 1970 by
G.O.Ms.No.46 dated 10.03.2006 and by G.O.Ms.No.135 dated 03.06.2006
have no application to the existing cinema buildings and hence the action of
the authorities in demanding compliance of the said amended rules by the
existing theatres as illegal and arbitrary.
COUNSEL FOR PETITIONERS : SRI B.ADINARAYANA RAO
COUNSEL FOR RESPONDENTS : SRI A.SATYA PRASADA, SPL.
G.P.
WRIT PETITION NO : 21280 of 2006
Between:
1 M/s.New Poorna Theatre Dts. represented by its Managing Partner
G.N.Manga
Raju, s/o late Narasinga Raju, r/o Vizianagaram Town.
2 M/s.Sri Krishna Cinema, represented by its Managing Partner Sri
Ch.Venkateswara
Rao, s/o late Chalapati Rao, r/o Vizianagaram Town.
3 M/s.Minerva Talkies, represented by its Manager Ch.Rama Krishna, s/o
late
Brahmaji Rao, r/o Vizianagaram Town.
4 M/s.Aditya Theatre, represented by its Manager Sri S.P.R.Swamy, s/o
late
Satyanarayana, r/o Vizianagaram Town.
5 M/s.Sri Venkata Lakshmi Theatre, represented by its Manager, Sri
P.Satyanarayana, s/o P.N.M.Prasad, r/o Vizianagaram Town.
6 M/s.Poorna Cine Theatres Pvt. Ltd., (Ranjani Theatre) represented by
its Manager
Sri B.C.V.K.Kumar, s/o late Sankaram, r/o Vizianagaram Town.
7 M/s.Sivaranjani, A/cTheatre, represented by its Manager, Sri
B.C.V.K.Kumar, s/o
late Sankaram, r/o Vizianagaram Town.
8 M/s.Balaji Theatre, represented by its Manager Sri V.Krishna Murthy, s/o
late
Narayana, r/o Vizianagaram Town.
9 M/s.Saptagiri Theatre, represented by its Manager Sri J.Appala Naidu,
s/o Tata,
r/o Vizianagaram Town.
10 M/s.N.C.S.Theatre, represented by its Managing Partner Sri
N.Narasimha Murthy,
s/o late Charamayya, r/o Vizianagaram Town.
11 M/s.Ramakalanjali Theatre, represented by its Proprietor Sri B.A.Sri
Ram, s/o late
Ram Babu, r/o Vizianagaram Town.
12 M/s.Sri Rajyalakshmi Theatre, represented by its Proprietrix,
K.Rajyalakshmi, d/o
late Krishna Murthy, r/o Vizianagaram Town.
13 M/s.Sri Gurudutta Enterprises (Himagiri Theatre) represented by its
Manager, Sri
K.Srinivasa Kumar, s/o Ramu Naidu, r/o Vizianagaram Town.
14 M/s.Nataraj Theatre, represented by its Manager Sri Y.Pydi Raju, s/o
late Neela
Kantam, r/o Chipurupalli, Vizianagaram District.
15 M/s.Sri Ramanjaneya Picture Palace, represented by its Manager, Sri
K.Venkateswara Rao, s/o late Brahmayya, r/o Chipurupalli,
Vizianagaram District.
16 M/s.Sri Srinivasa Talkies, represented by its Partner Sri D.Kalyan, s/o
Madhava
Varma, r/o Chipurupalli, Vizianagaram District.
17 M/s.Anjaneya Theatre, represented by its Partner Sri B.Bhaskara Rao,
s/o Balarao,
r/o Chipurupalli, Vizianagaram District.
18 M/s.Sri Maheswarinath Touring Talkies, represented by its Partner Sri
S.Nageswara
Rao, s/o late S.S.Naidu, r/o Garbham, Vizianagaram District.
19 M/s.Sree Satya Theatre, represented by its Manager, Sri B.Surya
Narayana, s/o late
Sanyasi Naidu, r/o Nellimarla, Vizianagaram District.
20 M/s.Sri Lakshminarayana Theatre, represented by its Proprietor Sri
V.Srinivasa
Rao, s/o late Rama Rao, r/o Jarajapupeta, Nellimarla Mandal,
Vizianagaram District.
21 M/s.Sri Sai Krishna Theatre, rep.by its proprietor Ch.Sridhara Raju,
S/o.Ch.Seeta
Rama Raju R/o.Poosapatirega, Vizianagaram District
22 M/s.Gopalakrishna Theatre, rep.by its Proprietor
A.Gopal,S/o.A.Ramakrishna
R/o.Bhogapuram Vizianagaram District
23 M/s.Yellamambha theatre, rep.by its Managing partner P.Siva
Ramakrishna,S/o.Jami, Vizianagaram District
24 M/s.Jyothi Theatre, rep.by its proprietor J.Ramana Babu, S/o.J.J.Rama
Rao
R/o.Jami Vizianagaram District
25 M/s.SriLakshmi Touring Talkies, rep.by its proprietor P.Jaganadha Rao,
S/o.Late
Jaganna R/o.Jami Vizianagaram District
26 M/s.Raja Picture Palace, rep.by its Proprietor P.Bala Raju,
S/o.P.Manikyala Rao
R/o.Kothavalasa Vizianagaram District
27 M/s.Sri Lakshmi Narasmiha theatre, rep.by its Manager P.Surya Rao,
S/o.Late
Satyanarayana Murthy R/o.Kothavalasa, Vizianagaram District
28 M/s.Jaya Talkies, rep.by its Proprietor P.Rajanna, S/o.Late Ganga
Naidu
R/o.Kothavalasa Vizianagaram District
29 M/s.Srinivas Mahal, rep.by its Manager V.Srinivasa Rao,
S/o.V.Venkataswamy
R/o.S.Kota Vizianagaram District
30 M/s.Ramakrishna Picture Palace, rep.by its Proprietor S.Paradesi,
S/o.Late
S.A.Narayana R/o.S.Kota Vizianagaram District
31 M/s.Sri Sita Rama Anjaneya Cine Theatre, rep. by its Proprietrix
P.Varahalamma,W/o.Suryanarayana, R/o.S.Kota Vizianagaram District
32 M/s.Sri Venkaeswara Theatre, rep.by its Proprietrix P.Seeta Ratnam,
W/o.Sankara
Rao R/o.S.Kota Vizianagaram District
33 M/sAlankar Theatre, rep.by its Proprietor S.Ramakrishna S/o.Late
S.A.Narayana
R/o.S.Kota Vizianagaram District
34 M/s. Sri Ganga Raj Kalamandir, rep.by its Managing partner
N.V.Bangara Raju,
S/o.Ganga Raju R/o.Gajapathinagaram Vizianagaram District
35 M/s.Surya Mahal, rep.by its Proprietor B.Ramachandra Raju, S/o.Late
Appala
Narasimha Raju R/o.Gajapathinagaram Vizianagaram District
36 M/s.Sree Venkateswara Picture Palace, rep.by its Proprietor N.V.Ganga
Raju,S/o.China Dhana Raju R/o.Gajapathinagaram Vizianagaram
District
37 M/s.Sri Kalki Bhangawan Touring Talkies, rep.by its Proprieteix
K.Jhansi Lakshmi
W/o.K.M.S.Madhava R/o.Datti Vizianagaram District
38 M/s.Sri Lakshmi Durga Touring Talkies, rep.by its Proprietor D.Ranga
Raju,
S/o.Late Appala Narasmiha Raju, R/o.Mentada Vizianagaram District
39 M/s.Sri Sai Mahalakshmi Theatre, rep.by its proprietor Kolla Venkata
Rao,
S/o.Late Narasimha Swamy R/o.Pedamanapuram, Dattirajeru Mandal
Vizianagaram
District
40 M/s.Vasavi Kalamandir, rep.by its Managing Partner G.Venkata
Ramayya, S/o.Late
Venkata Swamy R/o.Bobili, Vizianagaram District
41 M/s.Rama Krishna & co.(Krishna Talkies), rep. by its Managing partner
D.Suresh
kumar, S/o.Raghunadha Rao R/o.Bobili Vizianagaram District
42 M/s.Sri Rama Krishna Talkies, rep. by its proprietor B.Narayana Rao,
S/o.Ramaswamy Naidu, R/o.Vangapuram Balijipeta
Mandal, Vizianagaram District
43 M/s.Sri Srinivasa Talkies, rep.by its proprietor T.Chinna Appa Rao,
S/o.Sri Ramulu
R/o.Balijipeta, Vizianagaram District
44 M/s.Sri Anjaneya Theatre, rep.by its Managing Partner J.Eswara Rao,
S/o.Late
Manikanta R/o.Salur, Vizianagaram District
45 M/s.Sri Rama Theatre, rep.by its Proprietor G.Jaganadha Rao, S/o.Late
Ramamurthy R/o.Salur, Vizianagaram District
46 M/s.Sri Venkateswara Delux, rep.by its proprietor P.Sai Baba, S/o.Late
Subba Rao
R/o.Salur Vizianagaram District
47 M/s.Sri Venkateswara Tg Talkies, rep.by its Proprietor K.Babji Rao,
S/o.Late
K.Lakshminarayana R/o.Seethanagaram Vizianagaram District
48 M/s.Padmasri Tq Talkies, rep.by its Manager T.Lakshmana Rao,
S/o.late
P.Satyanarayana R/o.Makkuva, Vizianagaram District
49 M/s.Sri Venkateswara Kalamandir, rep.by its Proprietor P.V.Ramana
Murthy,S/o.Late P.Sambamurthy R/o.Parvatipuram Vizianagaram District
50 M/s.Padmasri Picture Palace, rep.by its Managing partner B.Chiranjeevi
Rao,S/o.Late Satyanarayana R/.o.Parvatipuram Vizianagaram District
51 M/s.Theatre Balaji,rep.by its Managing Partner M.Narayana Rao,
S/o.Late Rama
Rao R/o.Parvatipuram Vizianagaram District
52 M/s.Navaratna Talkies, rep.by its Managing Partner B.Prem Kumar,
S/o.B.Linga
Raju R/o.Parvatipuram Vizianagaram District
53 M/s.Sri Veerabhadra Theatre, rep.by its Manager M.Nageswara
Rao,S/o.M.Gurumurthy R/o.Parvatipuram Vizianagaram District
54 M/s.Seeta Rama theatre, rep.by its Manager P.Chinna Rao, S/o.Late
Naidu
R/o.Ramabhadrapuram Vizianagaram District
55 M/s.Sri Rama Picture Palace (Soundarya Theatre) rep.by its partner,
S.Gowri
Sankar, S/o. Late S.Rama Rao R/o.Parvatipuram Vizianagaram District
56 M/s.Leelamahala Theatre, rep.by its Proprietrix R.V.Suneeta
Prasad,S/o.R.V.Leela
Prasad R/o.Vizianagaram Town
57 M/s.Surya Mahal Theatre, rep.by its Managing Partner Sri Arisetty
Sreerama
Murthy, R/o.Salur, Vizianagaram
..... Petitioners
AND
1 The Government of Andhra Pradesh, rep. by its Secretary, Home
(General-A1)
Department, Secretariat, Hyderabad
2 The Director General of Fire Services, Andhra Pradesh Hyderabad
3 The Joint Collector, Vizianagaram
.....Respondents
Petition under Article 226 of the constitution of India praying that
in the circumstances stated in the Affidavit filed herein the High Court may be
pleased to issue an appropriate writ or order or direction more particularly a
writ of mandamus, declaring that the amendments brought into the Andhra
Pradesh Cinemas (Regulations) Rules, 1970, by G.O.Ms.No.46, dated 10-03-
2006 and by G.O.Ms.No.135 dated 03-06-2006, have no application to the
existing Cinema Buildings belonging to the petitioners and hence the action
of the respondent authorities in demanding the compliance of the said
amended rules by the existing theatres as illegal, arbitrary, null and void and
is against the principles of natural justice
COUNSEL FOR PETITIONERS : SRI BALAJI MEDAMALLI
COUNSEL FOR RESPONDENTS : SRI A.SATYA PRASADA, SPL. G.P.
WRIT PETITION NO : 20736 of 2006
Between:
1 Visakhapatnam Cinema Exhibitors Association, (Registered under the
Societies
Registration Act 1860, With Regn.No.416/1983) rep. by its Secretary,
Tiruchunapalli Anantham, S/o. Late Padmanabham, 66 years, R/o.#2-C,
Vinayaka
Aprts, Premasamajam Road, Assam Gardens, Visakhapatnam-20.
2 Sri Venkateswara Enterprises, rep. by Managing Partner, Mr. J.N.
Choudary,
S/o. Mallikarjunudu, 65 years, Unit: Sri Venkateswara Threatre,
Visakhapatnam.
3 R.V.K.Prasad, S/o. Late Chandramouli Prasad, Prop. Sree Leela Mahal
Theatre,
Visakhapatnam.
4 Grandhi Theatres (P) Ld., rep. by Managing Director Mr. G.K. Manga
Raju,
S/o. Late G. Kama Raj, Unit Daspalla Chitralaya
Theatre, Visakhapatnam.
5 Vegi Jagadish Kumar, S/o. Bhadrachalam, Prop: Jagadamba
Theatre, Visakhapatnam.
6 Vegi Jagadish Kumar, S/o.Bhadrachalam, Prop. Sharada Theatre,
Visakhapatnam.
7 Vegi Jagadish Kumar, S/o. Bhadrachalam, Prop. Rama Devi,
Visakhapatnam.
8 Jothee Syndicate, rep. by Mr. D. Rama Naidu, S/o. Venkateswarlu,
Managing
Partner, Unit: Jothee Theatre, Visakhapatnam.
9 P.V. Subbaiah, S/o. Venkateswarlu, Managing Partner, Unit: Gokul
Theatre,
Visakhapatnam.
10 N.V.R.K. Reddy, S/o. Sree Kranthi Theatre, rep. by Mr. N.V.R.K.Reddy,
Visakhapatnam.
11 Daspalla Enterprises, rep. by Mr. G. Krishna Rao, S/o. Chagallu,, Unit
Raj Kamal
Theatre, Visakhapatnam.
12 Kothavarapu Appala Raju, S/o.Narasimha Murthy, Partner, Mr. Theatre
Sri
Kanya, Visakhapatnam.
13 Pethakamsetty Appalanarasimham, S/o. Late Venkata Reddy Naidu,
Managing
Partner, Theatre Narasimha, Gopalapatnam, Visakhapatnam.
14 D.Purushothama Reddy, S/o. Late D. Saidappa Reddy, Managing
Partner, M/s Sri
Kalyan Combines, Unit: Urvasi Theatre, Kancharapalem,
Visakhapatnam.
15 T. Ramana Gupta, S/o. T.V.S. Ganga Raju, Partner Sri Lakshmi
Narasimha Picture
Palace, 104 Area, Visakhapatnam.
16 Teegala Srirama Murthy, S/o. Seetaramaiah, Managing Partner, M/s.
Theatre
Sukanya Gopalapatnam, Visakhapatnam.
17 G.S.Ramachandra Rao, S/o. Seeshaiah, Managing Partner, M/s.
Ravikanth
Enterprises, Unit: Lakshmi Kanth Theatre, Gajuwaka, Visakhapatnam.
18 G.S. Ramachandra Rao, S/o. Seeshaiah, Managing Partner, M/s.
Ravikanth
Enterprises, Unit: Lakshmi Theatre, Gajuwaka, Visakhapatnam.
19 Kethavarapu Devallu, S/o. Late Chinaguru Murthy, Managing Partner,
M/s. Sri
Kanya Combines, Unit: Kanya Thatre, Gajuwaka, Visakhapatnam.
20 Kethavarapu Devallu, S/o. Late Chinaguru Murthy, Managing Partner,
M/s. Sri
Kanya Combines, Unit: Sri Kanya Theatre, Gajuwaka, Visakhapatnam.
21 Kothapalli Rama Mohana Rao, S/o. Late Raghavaiah, Prop. Mohini 70
MM theatre, Gajuwaka, Visakhapatnam.
22 Kothapalli Rama Mohana Rao, Late Raghavaiah, Prop. Mohini 35 MM
Theatre,
Gajuwaka, Visakhapatnam.
23 P. Radha Krishna, S/o.Late Anantha Rao, Managing Partner, M/s Sree
Rama Picture
Palace, Unit: Sri Rama Picture Palace, Visakhapatnam.
24 Yellapu Surya Kala, W/o.Seetha Ramaiah, Partner, Sri Parameswari
Picture Palace,
Unit: Parameswari Picture Palace, Kancharapalem, Visakhapatnam.
25 Dadi Tata Rao, S/o.Ramulu, Prop. Theatre Chandra
Sekhara, Nathayyapalem,
Visakhapatnam.
26 Dadi Narayana Swamy, S/o. Late Satyanarayana, Prop. Sri
Mahalakshmi Talkies, Malkapuram, Visakhapatnam.
27 Patta Appalanarasamma, W/o. Subhakara Rao, Prop. Jyothi Theatre,
Padmanabhapuram Village, Araku Mandal, Visakhapatnam District.
28 Namana Venkayya Naidu, S/o.N.Raja Rao, Managing Partner, M/s
Theate
Gowtham Payakaratopeta, Visakhapatnam District.
29 P. Satya Sai Babu, S/o. Uday Bhaskar Rao, Partner M/s Pinnamaneni
Enterprises, Unit: Ganesh Theatre, Tagarapuvalasa, Visakhapatnam
District.
30 Rangoori Seetha Rama Dora, S/o. Kanna Rao, Managing Partner of Sri
Nataraj
Theatre, Chittivalasa, Visakhapatrnam District.
31 Kimidi Surapu Naidu, S/o. Satyannarayana Naidu, Managing Director,
Saptagiri
Theatre, Chittivalasa, Bheemili Mandal, Visakhapatnam District.
32 Parimi Lakshmi, W/o. Satyannarayana, Managing Partner, M/s. Tata
Picture Palace,
Tagaraopuvalasa, Visakhapatnam District.
33 P. Sunitha, W/o.P.P. Brahmaji, Prop. Sri Lakhsmi Talkies, Chidavaram
Village, &
Mandal, Visakhapatnam District.
34 Chitturi Seetharatnam, W/o. the Ch. V. Satyannarayana, Managing
Partner, Sri
Srinivasa Mahal, Chodavaram Vill & Mandal, Visakhapatnam District.
35 Poosarla Sundaramma, W/o. Late Poosarla Venkateswara Rao, Prop.
Poorna
Theatre, Chodavaram Vill & Mandal, Visakhapatnam District.
36 P. Govinda Satyanarayana, S/o. Mahalaskmi, Managing Partner, M/s
Natraj Picture
Palace, Unit: Natraj Picture Palace, Penduthy, Visakhapatnam District.
37 Grandhi Venkataramaiah, S/o. Brahmaji, Managing Partner, Unit:
Poorna Theatre
Near Poorna Market, Visakhapatnam.
38 K.N.V.S. Guru Murthy, S?o.K. Ranga Rao, Partner, Unit: Sri Kanya
Theatre,
Balighattam, Narsimpatnam, Visakhapatnam District.
39 K.N.V.S. Guru Murthy, S/o.K. Ranga Rao, Partner, Unit: Kanya Theare,
Balighattam, Narsipatnam, Visakhapatnam District.
40 K.N.V.S. Guru Murthy, S/o.K. Ranga Rao, Partner Unit: Sai Sri Kanya
Threatre, Balighattam, narsipatnam, Visakhapatnam District.
41 K.N.V.S. Guru Murthy, S/o. K. Ranga Rao, Partner, Unit: Kanya Mini
A/C.
Theatre, Balighattam, Narsimpatnam, Visakhaptnam District.
42 Kothavarapu Appala Raju, S/o. Late Narasimha Murthy, Managing
Partner, M/s.
Sri Kanya Theatre, Tamaram Village, Makavarapalem Mandal,
Visakhapatnam
District.
43 K.Venkateswara Rao, Managing Partner, Daspalla Enterprises,
rep. by G.P.A. Holder Mr. D.V.V.S.V. Prasad, S/o. Surya Prasad, Unit:
Melody
Theatre, Visakhapatnam.
44 K.Sarath Kumar Reddy, S/o. Patabhirama Reddy, Managing Partner,
M/s/ Sangam
Enterprises, Unit: Sangam Theatre, Railway Station Road,
Visakhapatnam.
45 K. Sarath Kumar Reddy, S/o. Pattabhirama Reddy, Managing Partner,
M/s. Sangam
Enterprises, Unit: Sarath Theatre, Railway Station road,
Visakhapatnam.
46 Kothapalli Rama Mohana Rao, S/o. Late Raghavaiah, Prop. Mini
Mohini Theatre, Gajuwaka, Visakhaptnam.
47 Tippala Mitesh, S/o. China Appal Rao, Managing Partner, M/s. Aruna
Picture
Palace, Unit: Aurna Picture Palace, Pedagantyada, Visakhapatnam.
48 Pilla Surya Narayana Patrudu, S/o. Satyannarayana Patrudu, Managing
Partner,
M/s. Durga Touring Theatre, Madhurawada, Visakhapatnam.
49 Chakka Jagannadha Swamy, S/o. Srirama Murthy, Managing Partner,
Sri
Suryamahal Theatre, Payakaraopeta, Visakhapatnam District.
50 Chakka Jagannadha Swamy, S/o. Srirama Murthy, Managing Partner,
Saimahal
Theatre, Payakaraopeta, Visakhapatnam District.
51 Bheemisetty Someswaramma, W/o. Late Somi Naidu, Prop. Sri Rama
Krishna
Chitra Mandir Theatre, Payakaraopeta, Visakhapatnam District.
52 Sri Lakshmi Theatre, rep. by Mr. Pedireddy Prasada Rao, S/o. Nooka
Raju,
Payakaraopet Village and Mandal, Visakhapatnam District.
53 PatchikollaVenkata Ratnam, W/o. P. China Venkata Rao, Prop. Sri
Venkateswara
Theatre, Chodavaram Village and Mandal, Visakhapatnam District.
54 Jaldu Kasi Visweswara Rao, S/o. Narasimha Murthy, Managing Partner,
M/s. Jaldu Suresh & Bros., Unit Sri Kanakaratna Picture Pala Madugula
Visakhaptnam District.
55 Polamarasetty Rajanna, S/o. Late Gangunaidu, Prop. Shanti Picture
Palace, Pendurthy, Visakhapatnam District.
..... Petitioners
AND
1 The Govt. of A.P., rep. by the Secretary, Home, ( General A-1)
Department,
Secretariat, Hyderabad.
2 The Joint Collector, Visakhapatnam.
3 The Revenue Divisional Officer, Visakhapatnam.
.....Respondents
Petition under Article 226 of the constitution of India praying that
in the circumstances stated in the Affidavit filed herein the High Court may be
pleased to issue a writ, order or direction particularly one in the nature of
Mandamus declaring that the provision of the National Building Code 2005,
made applicable to A.P. Fire Service Act, 1999, are only prospective in
nature and that they cannot be made applicable to theatres constructed prior
to such application of the National Building Code 2005 to the A.P. Fire
Service Act 1999 and the consequently interdict the second respondent from
applying provisions of the A.P. Fire Service Act 1999 with such adoption of
the National Building Code 2005 to the Petitioners
COUNSEL FOR PETITIONERS : SRI S.CHAKRAPANI
COUNSEL FOR RESPONDENTS : SRI A.SATYA PRASADA, SPL.
G.P.
WRIT PETITION NO : 26849 of 2006
Between:
Ashoka Theatre, Kaviti Village and Mandal, Srikakulam District, Rep. by its
Managing Partner, B.Prakash Rao S/o B.Dasaratharama Murthy, R/o. Kaviti
Village and Mandal, Srikakulam District.
..... Petitioner
AND
1 The Government of Andhra Pradesh, Rep. by its Secretary,. Home
(General-A1)
Department, Secretariat, Hyderabad
2 The Director General of Fire Services, Andhra Pradesh, Hyderabad.
3 The Joint Collector, Srikakulam.
.....Respondents
Petition under Article 226 of the constitution of India praying that
in the circumstances stated in the Affidavit filed herein the High Court may be
pleased to issue an appropriate writ or order or direction more particularly a
writ in the nature of writ of Mandamus declaring that the amendments brought
into the Andhra Pradesh Cinema (Regulations) Rules, 1970 by G.O.Ms.No.
46 dt. 10-3-2006 and by G.O.Ms.No. 135 dt. 3-6-2006 have no application to
the existing Cinema Buildings belonging to the petitioners and hence the
action of the respondents authorities in demanding the compliance of the said
amended rules by the existing theatres as illegal, arbitrary, null and void and
is against the principles of natural justice
COUNSEL FOR PETITIONER : SRI A. RAVI SHANKAR
COUNSEL FOR RESPONDENTS: SRI A.SATYA PRASADA, SPL. G.P.
WRIT PETITION NO : 26836 of 2006
Between:
Adari Tulasi Rao, S/o. Veeru Naidu, R/o. Yelamanchili, Visakhapatnam
District.
..... Petitioner
AND
1 The Government of A.P., Rep by its Secretary, Home, (General A-1),
Secretariat,
Hyderabad.
2 The Joint Collector-cum-Licensing Authority, Visakhapatnam.
3 The Revenue Divisional Officer, Visakhapatnam.
.....Respondents
Petition under Article 226 of the constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court may be
pleased to issue any writ, order or direction particularly one in the nature of
Mandamus declaring that the provisions of the 'National Building Code 2005,
made applicable to A.P. Fire Service Act, 1999, are only prospective in
nature and that they cannot be made applicable to theatres constructed prior
to such application of the National Building Code 2005 to the A.P. Fire
Service Act, 1999 and the consequently interdict the 2nd respondent from
applying provisions of the A.P. Fire Service Act, 1999 with such adoption of
the National Building Code 2005 against the petitioner's cinema theatres by
name Seeta Chitra Mandir and Tulasi Chitra Mandir, Yelamanchili,
Visakhapatnam District by setting aside proceedings (M) Rc.No. 785/06 C1
dated 26-7-2006 of the 2nd respondent
COUNSEL FOR PETITIONER : DR. P.B.VIJAY KUMAR
COUNSEL FOR RESPONDENT : SRI A.SATYA PRASADA, SPL. G.P.
WRIT PETITION NO : 20483 of 2006
Between:
1 M/s. New Talkies Picture Palace, Nellore rep. byits Managing Partner S.
Amanullah
Khan.
2 Navarang Theatre, Muthukuru, Nellore District, rep. by its Proprietor S.
Amanullah
Khan.
3 Gopika Theatre (A/C), Nellore, rep. by its Licencee Smt. D.
Dorasanamma,
4 Madhav A/C Theatre, Nellore, rep. by its Licencee Smt. D.
Dorasanamma.
All the theatres situated in Nellore District.
..... Petitioners
AND
1 The Government of A.P., rep. by its Secretary, Home (General-A1)
Department,
Secretariat, Hyderabad
2 The Director General of Fire Services, Andhra Pradesh, Hyderabad.
3 The Joint Collector & a Licencing Authority, Nellore District, Nellore.
.....Respondents
Petition under Article 226 of the constitution of India praying that
in the circumstances stated in the Affidavit filed herein the High Court may be
pleased to issue an appropriate writ, order or direction more particularly one
in the nature of Writ of Mandamus declaring that the amendments brought in
to the Andhra Pradesh Cinemas (Regulation) Rules, 1970 by G.O.Ms.No.46
dt. 10.03.2006 and by G.O.Ms.No.135 dt.03.06.2006 have no application to
the existing cinema buildings and hence the action of the authorities in
demanding compliance of the said amended rules by the existing theatres as
illegal and arbitrary
COUNSEL FOR PETITIONERS: SRI K.DURGA PRASAD
COUNSEL FOR RESPONDENTS: SRI A.SATYA PRASADA, SPL. G.P.
These petition coming on for hearing, upon perusing the petitions and the
affidavits filed in support there and the order of the High Court dated: 28-9-
2006 made in W.P. No.18110 of 2006 of and upon hearing the arguments of
above-mentioned counsels, the Court made the following:
ORDER:
"Shri B.Adinarayana Rao, Shri Balaji Medamalli, Shri S.Chakrapani and Shri K.Durga Prasad for the petitioners. Shri A.Satya Prasad, Special Government Pleader. Shri A.K.Khan, Director General of Fire Services. Arguments heard.
During the course of hearing, Shri A.K. Khan, Director General of Fire Services made some submissions and then agreed that the issues relating to enforcement of National Building Code, 2005 in terms of G.O. Ms. No. 46, dated: 10-03-2006 and G.O. Ms. No. 135, dated: 03-06-2006 can be discussed with petitioner Nos. 1 and 2 in Writ Petition No. 18110 of 2006.
Shri B.Adinarayana Rao and other learned counsel agreed to this suggestion.
In view of the above, we deem it proper to adjourn the further hearing of this case by one month. We hope and trust that in the meanwhile, both the authorities will discuss the issues with open mind and work out a pragmatic solution to the problem created due to enforcement of the two G.Os., mentioned above. Put up on 22-06-2007.
While adjourning the case, we have impressed upon Shri Khan that the department may examine the feasibility of not insisting on structural changes in the existing buildings of the theatres. The issue regarding availability of the water, which could be secured in overhead tanks or underground tanks should also be examined objectively."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The Secretary, Home ( General -A1) Department, Govt. of A.P., Secretariat, Hyderabad.
2. The Director General of Fire Services, Andhra Pradesh Hyderabad
3. The Joint Collector, Vizianagaram
4. The Joint Collector, Visakhapatnam.
5. The Revenue Divisional Officer, Visakhapatnam.
6. The Joint Collector & Licencing Authority, Nellore District, Nellore.
7. The Joint Collector-cum-Licensing Authority, Visakhapatnam.
8. The Joint Collector, Srikakulam.
9. Two CCs to Spl. G.P., High Court of A.P., Hyderabad (OUT)
10. Two spare copies.
AB HIGH COURT AB DRAFTED ON 22-03-2007 HCJ & GBPJ DATE:16-03-2007 ORDER WP. NO. 18110, 21280, 20736, 26849, 26836 AND 20483 OF 2006 DIRECTION