Andhra Pradesh High Court - Amravati
The Surya Cinemax, vs The Union Of India, on 31 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
[ 2696 ] | (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEMBER, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 25711 OF 2020 Between: _ es 1. The Surya Cinemax, M/s. Radha Enterprises, * Rep. by its Managing Partner, Vakalapudi, Kakinada, East Godavari District, Andhra Pradesh. M. Radha Kumari W/o. Jaggi Reddy, Age 59 years. 2. The Radha Krishna Vihar, Padma Priya & Sri Priya: Complex, . Ct Rep. by its Managing Partner, Vakalapudi, Kakinada, hee East Godavari District, Andhra Pradesh. : Ch. Ravi Kumar S/o. Surya Narayana, Age 46. years. 3. The Lalitha and Sri Lalitha Theatres, Rep. by its Managing Partner, Peddapuram, East Godavari District, Andhra. Pradesh. M.Satya Prasad S/o. Ramakrishna, Age 51 years. 4. The Geetha Apsara A/C, Rep. by its Managing Partner, Rajahmundry, East Godavari District, Andhra Pradesh. Ch. Ravi Kumar S/o. Surya Narayana, Age: 46 years. 5. The Gopalakirshna Theatre Rep. by its Managing Partner, Gudivada, - Krishna District, Andhra Pradesh. Y.V.Satyanarayana Chowdary S/o. Narayanarao, Age 51 years. 6. The Sri Kanaka Durga Theatre Rep. by its Managing Partner, Chalavalapeta; ~ _ Narasapuram Mandal, West Godavari District, Andhra Pradesh. M.Venkata Narasimha Rao S/o. Surya Narayana, Age 47 years. _ 7. The Sri Satyanarayana Picture Palace, Rep. by its Managing Partner, Anakapalli, East Godavari District, Andhra Pradesh. K. Ramalinga Swamy S/o. Appa Rao, Age' 55 years.' 8. The Sowbhagya Theatres, Rep. by its Managing Partner, Jangareddygudem, _ West Godavari District, Andhra Pradesh. K.Rambabu_ S/o. Chandrayya, Age 71 years... 9. The Raja Picture Palace, Rep. by its Managing Partner, Anakapalli, East Godavari District, Andhra Pradesh. P.Sanyasi Cheety S/o. Raja Rao, Age 55 years. 10. The Padma Priya, - oe a Rep. by its Managing Partner, Gokavaram, East Godavari District, Andhra Pradesh. D.Thammana Dora S/o. Suraya Dora, Age 48 years. 11. The Raja Gopal Theatre, Rep. by its Managing Partner, Ramachandrapuram, East Godavari District, Andhra Pradesh. ° we "4 Raja Gopala Narasimha Raju S/o. Ramaraju, Age 6 66y years. 12. The J V R Complex, Rep. by its Managing Partner, Jagampeta, East Godavari, Andhra Pradesh. J. Manikyala Rao S/o. Venkata Rao, Age 69 years. 13. The Sri Lakshmi Takies, Rep. by its Managing Partner, Drakshramam, | East Godavari District, Andhra Pradesh. K.Viswanatham S/o. Veeraiah, Age 62 years. 14. The Surya Rama Mahal, Rep. by its Managing Partner, KirlampUidi, 9° 0 East Godavari District, Andhra Pradesh. . cet K.Surya Prasad S/o. Suryanarayana, Age 48 years, 15. The Natraj Theatre, Rep. by its Managing Partner, Pendurthi, Viskhapatnam District, Andhra Pradesh. P.Govinda Satyanarayana S/o. Surya Nafayana, Agé 64 years. 16. The Sai Balaji Theatre, Rep. by its Managing Partner, Eluru,- West Godavari District, Andhra Pradesh. V.V.Bala Krishna Rao S/o. Pedda Punnaiah, Age 70 years. 17. The Vijayalakshmi Theatres : Rep. by its Managing Partner, Bhimavaram, - West Godavari District, Andhra Pradesh. T.Narayana Murthy S/o. T.Mohan Rao Gupta, Age 56 years. 18. The Raja Picture Palace, Rep. by its Managing Partner, Rajahmundry,. East Godavari District, Andhra Pradesh. oo M.Seshagiri Rao S/o. Ramarao, Age 60 years. a é vf a 19. The Satya Theatre, si; Rep. by its Managing Partner, Neelapalli, East Godavari District, Andhra Pradesh. Y.Kondala Rayudu S/o.Rama Rayudu, Age 60 years. - 20. The T.D. Cinemax, Rep. by its Managing Partner, Gokavaram, East Godavari District, Andhra Pradesh.. . T. Tammanna Dora S/o. Surappa Dora, Age: 58 years. 21. The Sri Lakshmi Picture Palace, Rep. by its Managing Partner, Bobbili, Vizianagaram District, Andhra Pradesh. RVSK Sujay krishna RangaRao S/o. RVGK Ranga Rao, Age: 51 years. 22. The Sri Srinivasa Mahal Rep. by its Managing Partner, Sompet, Srikakulam District, Andhra Pradesh. S. Sankara Rao S/o. Narasimha Murthy, __ Age:.58 years. 23. The Siva Pricture Palce, Rep. by its Managing Partner, Sompeta, Srikakulam District, Andhra Pradesh. ~ S. Bhaskara Rao S/o. Narasimha Murthy, Age: 58 years. 24. The Bhaskara Rama Theater, Rep. by its Managing Partner, Palasa, Srikakulam District, Andhra Pradesh. Krishnananda Swamy S/o. Bhaskara Rao, Age: 52 years. 25. The Sri Seetharama Twin Theaters, Rep. by its Managing Partner, Rajam, Srikakulam District, Andhra Pradesh. Chelikani Venkata Jagannadha Swamy S/o. Sri Ramulu Age: 78 years. f 26. The Anand Enterprises Anand A/c. Theatre; Rep. by its Managing Partner, Kakinada, East Godavari, Andhra Pradesh. _D. Suresh Babu S/o, Rama Naidu, Age: 62 years. 27, The Anupama Anuraj Enterprises Geeth & Sangeeth Twin A/c. Theatre, Rep. by its Managing Partner, eee Kakinada, East Godavari District, Andhra Pradesh. D. Suresh Babu S/o. Rama Naidu, Age: 62 years. | e 28. The Devi Sridevi Twin A/c. Theatre, (Rukmini, Padma & Sri Devi), Rep. by its Managing Partner, Kakinada, East Godavari District, Andhra Pradesh. D. Suresh Babu S/o. Rama Naidu, Age: 62 years... 29. The Sri Tirumala A/c. Theatre Rep, by its Managing Partner, Kakinada, East Godavari District, Andhra Pradesh. G. Veeraju S/o. Reddaih, Age: 68 years... .. +; 30. The M S Ratna Picture Palace, Rep. by its Managing Partner, Chintalapudi, West Godavari, Andhra Pradesh. J. Jawahar S/o. Sri Ram, Age: 50 years. 31. The Ambika Theater, Rep. by its Managing Partner, Eluru, West Godavari District, Andhra Pradesh. Ambika Prasad S/o. Rameswara Rao, Age: 55 years. 32. The Saptagiri Theatre, Rep. by its Managing Partner, Mandapeta, East Godavari, Andhra Pradesh. °° D. Suresh Babu S/o. Rama Naidu, Age: 62 years. 33. The Syamala Theatre, Rep. by its Managing Partner, Rajahmundary, East Godavari, Andhra Pradesh. D. Suresh Babu S/o. Rama Naidu, Age: 62 years, 34. The Ashoka A/c. Theater, Rep. by its Managing Partner, Rajahmundary, East Godavari, Andhra Pradesh. M. Bhava Raju S/o. M.R. Raju, Age: 66 years. 35. The Sri Rama Picture Palace, ... Rep. by its Managing Partner, . Amalapuram, East Godavari, Andhra Pradesh... PSSK Bangar Raju S/o. Bala Krishan, Age: 62 years. 36. The Urvasi Delux Theatre's, Rep. by its Managing Partner, Rajahmundary, East Godavari, Andhra Pradesh. : R. Venkateshwara Rao S/o.Thatalu, Age: 65: years. os a 37. The Annapurna Picture Place, Rep. by its Managing Partner, Ramachandrapuram, East Godavari, Andhra Pradesh. Vijaya Saradi S/o. Pochayya,.Age: 58 years; 38. The M S Veera Bhadra Theatre, Rep. by its Managing Partner, | Peddapuram, East Godavari, Andhra Pradesh. K. Varahala Rao S/o. Venkat, Age: 66 © years. 39, The Sri Lakshmi Picture Palace Rep. by its Managing Partner, ; Bobbilli, Vijayanagaram, Andhra Pradesh. Sri R VS K Ranga Rao S/o. Rajugaram, Age: 59 years. 40. The Jyothi Syndicate A/c. Theatre, os East Godavari, East Godavari District; «=: << 2: Andhra Pradesh. D. Suresh Babu S/o. Rama Naidu, Age: 62 years, 41, The Ravikanth Enterprises, Lakshmi Kanth Theatre, Rep. by its Managing Partner, Gajuwaka, East Godavari, Andhra Pradesh. .. -. G.S. Ramachandra Rao S/o. Satyam, Age: 62 years. 42. The Kinerya A/c., Rep. by its Managing Partner, Srikakulam, Srikakulam District, Andhra Pradesh. P. Sobha Rani W/o. Prabhakara Rao, Age: 60 years... 43, The Surya Cinemax, Rep. by its Managing Partner, Ramachandrapuram, East Godavari District, Andhra Pradesh. Smt. Thota Surya Kumari Wie. Trimurthulu, Age: 60 years. ot tf | .. Petitioner/s and , 1. The Union of India, Rep. by its Secretary, Ministry of Home Affairs, New Delhi. : 2. The State of Andhra Pradesh, Rep. by its Chief Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 3. The General Administration Department, ao State of Andhra Pradesh, rn i Rep. by its Principal Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. . 4. The Principal Secretary, State of Andhra Pradesh, Department of Energy, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 5. The Eastern Power Distribution Company of Andhra Pradesh Limited, Rep. by its Chairman and Managing Director, P & T Colony, Seethammadhara, Vishakapatnam, Vishakapatnam District, Andhra Pradesh. 6. The Central Power Distribution Company of Andhra Pradesh Limited, Rep. by its Managing Director, Beside Polytechnic College, IT! Road, Vijayawada, Andhra Pradesh-520 008. 7. The Senior Accounts Officer, Operation Circle APEPDCL, Srikakulam, Srikakulam District, Andhra Pradesh. 8. The Senior Accounts Officer, Operation Circle APEPDCL, Vizianagaram, Vizianagaram District, Andhra Pradesh. 9. The Senior Accounts Officer, Operation Circle APEPDCL, Vishakapatnam, Vishakapatnam District, Andhra. Pradesh. 10. The Senior Accounts Officer, Operation Circle APEPDCL, Kakinada, East Godavari District, Andhra Pradesh. 11. The Senior Accounts Officer, Operation Circle, APCPDCL, Eluru, West Godavari District, Andhra Pradesh. 12. The Senior Accounts. Officer, Operation Circle APEPDCL, Vijayawada, Krishna District, Andhra Pradesh. ...Respondents
WHEREAS the Petitioners above named through their Advocate M/s Peeta Raman presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i) declaring the action of the Respondent Nos.1 to 6 in not waiving- off periodical Electricity Bills of Cinema Theaters in general and the Petitioners' Theaters in particular during lockdown period and also the action of the Respondent Nos.5 to 10 in insisting to pay periodical maximum Electricity Bills and further the action of the Respondent Nos.5 to 10 in disconnecting electricity supply to the petitioners' theaters by way of taking off fuses attached to the meters of respective theaters for non- payment of monthly Electricity Bills during lockdown i.e., from 24-03-2020 till date of start screening of movies in Petitioners' Thedtres as illegal, arbitrary, discriminative besides violative of the Arts.14 and 21 of the Constitution of India.
ii) consequently, direct the Respondent Nos.1 to 6 to wave-off Electricity Bills to Petitioners' Theaters for lockdown period i.e., from 24-03-2020 onwards till date of start of screening of movies in Petitioners' Theaters.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Peeta Raman, Advocate for the Petitioners, Sri Metta Chandrasekhar Rao, Standing Counsel, who takes notice for the respondents 5 to 12 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Secretary, Union of India, Ministry of Home Affairs, New Delhi.
2. The Chief Secretary, Secretariat, Velagapudi, Amaravathi, State of Andhra _ Pradesh, Guntur District, Andhra Pradesh.
3. The Principal Secretary, General Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
4. The Principal Secretary, State of Andhra Pradesh, Department of Energy, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
5. The Chairman and Managing Director, Eastern Power Distribution Company of Andhra Pradesh Limited, P & T Colony, Seethammadhara, Vishakapatnam, Vishakapatnam District, Andhra Pradesh.
6. The Managing Director, Central Power Distribution Company of Andhra Pradesh Limited, Beside Polytechnic College, ITI Road, Vijayawada, Andhra Pradesh-520
008.
7. The Senior Accounts Officer, Operation Circle APEPDCL, Srikakulam, Srikakulam District, Andhra Pradesh.
8. The Senior Accounts Officer, Operation Circle APEPDCL, Vizianagaram, Vizianagaram District, Andhra Pradesh.
9. The Senior Accounts Officer, Operation Circle APEPDCL, Vishakapatnam, Vishakapatnam District, Andhra. Pradesh.
10. The Senior Accounts Officer, Operation Circle APEPDCL, Kakinada, East Godavari District, Andhra Pradesh.
11.The Senior Accounts Officer, Operation Circle, APCPDCL, Eluru, West Godavari District, Andhra Pradesh.
12. The Senior Accounts. Officer, Operation Circle APEPDCL, Vijayawada, Krishna District, Andhra Pradesh.
are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the and respondent for initiating steps to direct the Respondent Nos.5 to 10 to restore the electricity power supply to the Petitioners' Theaters in the light of the interim orders passed in WP Nos.18433 of 2020 & 20494 of 2020 dt.09-10-2020 & 04-11-2020 respectively, pending disposal of WP No.25711 of 2020, on the file of the High Court. The Court made the following: ORDER | "Notice before admission.
Sri Metta Chandrasekhar Rao, learned standing counsel takes notice for the respondents 5 to 12 and seeks time to file counter.
Learned counsel for the petitioners submits that in similar set of facts and circumstances, this Court granted interim order, dated 09.10.2020 in W.P.No.18433 of 2020. . .
Following the said order, there shall be a direction to the respondents 5 to 40 to restore the electricity supply to the petitioner theatres subject to payment of 25% of the arrears in respect of the period of lock down pending disposal of the writ petition."
Sd/-K.JaganMohan DEPUTY REGISTRAR [TRUE COPY!/ Nee SECTION OFFICER To,
--_ _ The Secretary, Union of India, Ministry of Home Affairs, New Delhi.
2. The Chief Secretary, Secretariat, Velagapudi, Amaravathi, State of Andhra Pradesh, Guntur District, Andhra Pradesh.
3. The Principal Secretary, General Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
4. The Principal Secretary, State of Andhra Pradesh, Department of Energy, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
5. The Chairman and Managing Director, Eastern Power Distribution Company of Andhra Pradesh Limited, P & T Colony, Seethammadhara, Vishakapatnam, Vishakapatnam District, Andhra Pradesh.
6. The Central Power Distribution Company of Andhra Pradesh Limited, Managing Director, Beside Polytechnic College, ITI Road, Vijayawada, Andhra Pradesh- 520 008.
7. The Senior Accounts Officer, Operation Circle APEPDCL, Srikakulam, Srikakulam District, Andhra Pradesh.
8 The Senior Accounts Officer, Operation Circle APEPDCL, Vizianagaram, Vizianagaram District, Andhra Pradesh.
9. The Senior Accounts Officer, Operation Circle APEPDCL, Vishakapatnam, Vishakapatnam District, Andhra. Pradesh.
io 10.The Senior Accounts Officer, Operation Circle APEPDCL, Kakinada, East oo Godavari District, Andhra Pradesh.
41. The Senior Accounts Officer, Operation Circle, APCPDCL, Eluru, West Godavari District, Andhra Pradesh.
42. The Senior Accounts. Officer, Operation Circle APEPDCL, Vijayawada, Krishna District, Andhra Pradesh.(1 to 12 by RPAD- along with a copy of petition and memorandum of grounds) .
43.One CC to Sri Peeta Raman, Advocate [OPUC]
14.One CC to Sri Metta Chandrasekhar Rao, Standing Counsel [OPUC]
15.One spare copy SP fs oe _/AIGH COURT MGRJ DATED: 31/12/2020 NOTICE BEFORE ADMISSION WP.No.25711 of 2020 INTERIM DIRECTION 2 JANIOL