VENKATESWARA TALKIES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition a question of general importance and frequent occurrence is raised by Sri K.Manikyal Rao, learned counsel appearing for the petitioner, the question being whether the second proviso to Rule 9-B(c) of the A.P. Cinemas (Regulation) Rules, 1970, can be invoked in aid by an applicant for grant of permission to construct a cinema building when he furnishes false particulars or information in the application made by him to the licensing authority in Form A-I, which, when brought to the notice of the licensing authority, necessitates an enquiry into the truth or otherwise of the same, completion of which may exceed three months' time. In view of the importance of the question raised, I am of the opinion that this Writ Petition shall be heard by a Division Bench as there is no authoritative pronouncement on the question raised. Place the papers before the Honourable the Chief Justice for appropriate orders of posting at an early date.

(2.) This petition coming on for final hearing before the Honourable Mr. Justice Sivaraman Nair and the Honourable Mr. Justice Eswara Prasad on 6-12-1991 pursuant to the order of reference of this Court dated 28-9-1989 and passed herein upon perusing the said order dated 28-9-1989 and the petition and the affidavit filed therein and the report of the Collector Nizamabad dated 20-10-91 pursuant to this Court order dated 24-9-91 and upon hearing the arguments of the Counsels appearing on behalf of the parties concerned, the Court delivered the following Judgment.

(3.) The petitioner M/s. Venkateswara Talkies seeks to quash the proceedings of first respondent, Government of Andhra Pradesh, dated 26-5-1986 in G.O.Rt.No.1174, Home (General-A) Department as illegal and unconstitutional.