VENKATESWARA TALKIES CHEEDIPUDI PATHAPATNAM TALUK SRIKAKULAM DISTRICT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition arises under Andhra Pradesh Cinemas (Regulation) Act, (IV of 1955). The petitioner is the joint owner of the theatre Sri Venkateswara Tallkies. He constructed the theatre in 7953-54 and obtained construction licence under the Cinematograph Act II of 1918. By order dated 8th December, 1978 the renewal of the licence was refused by the licensing authority on the ground that he has failed to put up the false ceiling in spite of the extension of time several times. Against that order he filed an appeal to the 1st respondent Government of Andhra Pradesh and by its Order, dated 27th December, 1978, pending rbe appeal the State Government directed that the licence may be renewed for a period of three months and accordingly it was renewed for a period of three months from 9th January, 1979. The petitioner challenged the Order of the Government dated 27th December, 1978 on the ground that the relief granted to him is not in accordance with law. Subsequently the Government also disposed of the appeal dismissing the same on 21st August, 1979. The main contention of the learned Counsel for the petitioner is that the insistence of the authorities that he should put up a false ceiling as per paragraph 11 in Appendix 1 to the Andhra Pradesh Cinemas (Regulation) Rules, 1970 is wholly without jurisdiction as this theatre has come into existence prior to the Andhra Pradesh Cinemas (Regulation) Act IV of 1955 and also the Andhra Pradesh Cinemas (Regulation) Rules, 1970. I think the contention of the petitioner is well- founded. Paragraph 11 of Appendix I is in the following terms :

(2.) In fact the permissions for construction and to screen the films were obtained by the petitioner under the Cinematograph Act I of 1918 and he obtained the licence as per the Madras Cinematograph Rules, 1933 that were in force in the Andhra area of the State of Andhra Pradesh prior to the coming into force of the Act. Rule 39 of the Madras Cinematograph Rules, 1933 reads as follows:

(3.) The licensing authority shall continue to renew the licence of the petitioner's theatre in accordance with the provisions of Cinematograph Act, 1918 and the Madras Cinematograph Rules, 1933. In view of the fact that the authorities are not clear in their mind which provision of law shall apply, I direct that the licensing authority should renew the licence of the petitioner's theatre after giving a reasonable opportunity and if necessary to comply with the provisions of the Madras Cinematograph Rules, 1933 so far they are necessary in the circumstances of the case. Accordingly I allow the writ petition with a direction that the insistence of the authorities to comply with the paragraph 11 of Appendix I to the Andhra Pradesh Cinemas (Regulation) Rules, 1970 is wholly without jurisdiction. There will be no order as to costs. Advocate's fee Rs. 150. Writ petition allowed.