MODA VENKATA SATYA FREE VIDEO PARLOUR PADERU POST AND TALUK VISAKHAPATNAM DISTRICT Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of writ petitions the petitioners seekfor a writ of Mandamus or direction declaring that the provisions of the AP Cinemas (Regulation) Act. 1955 and the Rules made thereunder and the provisions of the A.P. Entertainments Tax Act, 1939 are not applicable to 'Video Parlours.'

(2.) The petitioners run Video Parlours at several places. They show pictures on a Television screen by playing pre-recorded tapes (cassettes) on Video Cassette Recorder for short V.C R. They provide coo! drinks, coffee and tea in their parlours to the customers According to them, their main business to supply beverages and showing the film is incidental for attracting customers and improving their turnover. They aver that they do not charge anything extra for the films nor do they collect any admission fee. Hence they contend that neither the A P. Cinemas (Regulation) Act nor the A.P. Entertainments Act have any application. They say that the action of the authorities in enforcing the aforesaid acts interferes with their business and violative of Article 19 (1) (9) of the Constitution of India.

(3.) The question that arises for consideration is whether the provisions of the A.P. Cinema (Regulation) Act and the rules made thereunder and the provisions of the A.P. Entertainments Tax Act are applicable to Video Parlours. If the said Acts apply to the petitioners' activity, the question of Article 19 of the Constitution does not arise.