JUNAGADH CINEMA ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in these petitions except two (Special Civil Application No. 1403 of 1987 and 5719 filed by Junagadh Cinema Association and Taj Talkies respectively are either individuals associations or clubs who have established what is popularly known as Video Cable Network. They have filed these petitions as concerned authorities have either searched their premises and seized their VCRs Disc Antennas and other materials connected with their Video Cable Network or threatened to search their premises and seize such materials on the ground that by establishing maintaining and working such Video Cable Network without ap- propriate licences they are committing breaches of the provisions of the Indian Telegraph Act 1885 (Telegraph Act for short) Indian Wireless Telegraphy Act 1933 (Wireless Act for short) and Bombay Cinema (Regulation) Act 1953 and also on the ground that by not paying entertainment duty payable under the Gujarat Entertainment Tax Act 1977 they are committing breach of the provisions of the said Act also.

(2.) The case of the petitioners is that they do not require any licence under any of those Acts nor are they under an obligation to pay any entertainment duty and therefore such authorities are not justified in searching their promises and seizing any of the things connected with the Video Cable Network. They therefore want this Court to issue a writ of Mandamus restraining the authorities from searching their promises and seizing their Video Cable Network or any part of it after declaring that establishing such Video Cable Network does not require any licence under the Telegraph Act Wireless Act or Bombay Cinema (Regulation) Act (Bombay Cinema Act for short) and that they are not required to pay any entertainment duty under the Gujarat Enter- tainment Tax Act. In the alternative they have also prayed that the concerned authorities be directed to issue necessary licences to the petitioners.

(3.) Special Civil Application No. 1403/87 is filed by Junagadh Cinema Association and its President. They have filed the petition as the State Government Commissioner of Entertain- ment Tax Union of India and Post Master General Gujarat Circle are not taking any action against respondent No. 5 in the petition who is the owner of Video Cable Network with attached Disc Antenna and is maintaining and working the same without obtaining any licence under the Telegraph Act Wiereless Act and Bombay Cinema Act and without payment of entertainment tax under the Gujarat Entertainment Tax Act. Similar petition (SCA 5719 is filed by Taj Talkies claiming similar reliefs against respondents Nos. 1 to 9A in the petition.