9911796707
TMI Blog2017 (4) TMI 1507X X X X Extracts X X X X X X X X Extracts X X X X ..... 324, 11330, 11596, 11599, 12367, 12400, 13142, 16308, 16503, 16504, 17212, 20407, 22020, 22425, 23986, 25294, 26023, 26864, 26993, 27015, 27029, 28552, 29224, 29253, 29259, 35949, 35956, 36027, 36056 and 36260 OF 2016 Sri Raja Elango, J. Petitioner Advocate: V V Satish Respondent Advocate: GP For Home AP COMMON ORDER: 1. Since the issue involved in all the writ petitions is one and the same, all the writ petitions are heard together and being disposed of by this common order. 2. The case of the petitioners is as follows: On the earlier occasion, a batch of writ petitions was filed by the owners of various theatres questioning the validity of the orders passed by the Government in G.O.Ms.No.181, dated 11.7.2011. This Court had struck down the said G.O. and directed the Government to constitute a fresh committee with the Chief Secretary as Chairperson and with some other members for the purpose of suggesting the factors to be considered while fixing or increasing the rates of tickets in various classes of Cinema Theatres. In pursuance of the said directions, the Government of Andhra Pradesh appointed a High Power Committee with seven members consisting of (1) Chi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committee are advisory only but not absolute. The 1st respondent after considering the larger interest of the society has fixed rates to the lowest class. The Government also classified areas (cities, towns etc., ) into five grades for the purpose of fixing the rates of tickets of the cinema theatres in different classes. The Government after careful examination of the recommendations of the High Powered Committee enhanced ceiling on rates of tickets in the highest and the lowest classes of cinema theatres. The managements of the theatres are empowered to fix the ceiling on rates of admission for intermediary classes such as 2nd and 3rd classes between the highest and the lowest depending on the number of classes and the management has to provide, with justifiable reasons with reference to spacing, quality of seats etc. The Government issued the G.O impugned with reasonable classification. There are no grounds to interfere with the G.O. impugned. 4. Heard both sides and perused the material available on record. 5. The impugned G.O. reads as follows: The matter regarding revision of rates of admission to the cinema theatres in Andhra Pradesh was under consideration of the Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ceiling on rates of admission for intermediary classes, such as 2nd or 3rd class, between highest and lowest, depending on the number of classes the management wish to provide, with justifiable reasons with reference to spacing, quality of seats, etc. The managements shall indicate the same in their applications under rule 11A and 12A and the licensing authority shall after due consideration issue appropriate orders in Form-B license. (d) Government hereby permit the theatres / multiplexes flexibility to lower the rates of admission to be less than the rate fixed for the highest class and lowest class as fixed by Government and as approved by the licensing authority for intermediary classes and to also increase the rates upto the maximum now allowed. However, the provision of flexibility in reducing the rates and increasing upto maximum rate allowed is hereby extended to Municipalities Grades I to III, Nagar Panchayats and Gram Panchayats, subject to the condition that such decrease in rates of admission shall not have the effect of reduction of entertainment tax payable on the basis of gross collection capacity, until further orders. In respect of Municipal Corporations, Sel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provisions Act, 1952 and Employees State Insurance in favour of all their eligible employees, apart from adhering to Minimum Wages Act, Labour Laws, etc. for the welfare of their employees. (d).All theatres and multiplexes shall provide two spaces for placing two wheel chairs at convenient spots, with appropriate safety measures such as clamps, etc. for disabled and senior citizens, apart from disabled friendly facilities such as ramps, etc. for accessibility. VI The conditions for issuing / renewal of license shall be as at Annexure III, and the managements shall also follow such other conditions as may be prescribed by the licensing authorities. The District Collectors, Licensing Authorities and all concerned shall take further necessary action accordingly. 6. The above G.O. under challenge was passed by the Government in pursuance of the directions of this Court in W.P.No.20656 of 2011 and batch. The main grievance of the petitioners herein is that the rates fixed by the Government by the impugned G.O. to the areas like Corporation, Municipalities and Grampanchayats are discriminative in nature since the expenditure in all the theatres in Corporations, Municipalities and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interim orders passed by this Court earlier in some of the writ petitions, this Court is of the view that the present writ petitions can be disposed of with the following directions: i) G.O.Ms.No.100, Home (General.A1) Department, dated 26.4.2013 is set aside. ii) Both the Governments are directed to constitute their respective committees headed by the respective Principal Secretaries for Home. Insofar as the other members of the Committees are concerned, it is left open to the respective Principal Secretaries for Home to choose the exhibitors, distributors and other members to participate in the committee so as to adjudicate the issues involved in all the writ petitions. iii) While taking decision, the committees are directed to consider the welfare of the cine-goers primarily and also the grievance of the exhibitors and distributors and frame the rules in accordance with law on or before 30.3.2017; iv) If any decisions are taken and any G.O, is issued prior to 30.3.2017, the same shall become operative in nature. v) The petitioners-theatres are permitted to run their respective theatres by collecting their proposed fares. However, it is made clear that the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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