SWAPNALOK TOURING TALKIES KANHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN interesting issue falls for determination in this petition and having regard to the fact that the decision would be one of serious consequence to a large number of similarly situated persons, we have taken up the petition for immediate hearing, at the instance of parties.

(2.) THE question or rather thorny issue that is involved is :

(3.) IT has been contended by the petitioner before us that such activity is outside the scope of the licence issued under the rules for running of a Video Cinema. The submissions proceed further in so far as the petitioners contend that they are running a touring talkies and that by virtue of the fact that according to them, the Video Cinemas have now started using equipment whereby the film is projected on to a large screen, that they are virtually running a small Cinema on the basis of a licence for a Video Cinema. By so doing the petitioners state that their business is seriously affected. The petitioners are also required to pay duties at a higher rate, whereas the respondents who are admittedly carrying on similar activities are paying duties at a much lower rate as prescribed for Video Cinemas. It is obvious that as a result of this, the flow of customers to the Video Cinema would naturally be more and the petitioners have contended that their business has been virtually ruined. It is on the strength of this grievance that the present petition has been filed before us with the prayers that the state authorities be precluded from permitting the use of such equipment in Video Cinemas and the respondents 3 and 4 be prohibited from using the same.