PARKASH CHAND ANANDMANDI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners, who are carrying on business of exhibiting films in theatres situate in towns of Mandi, Jogindernagar, Bilaspur and Dharamsala, have challenged herein certain provisions of the Himachal Pradesh Entertainments Duty (Amendment) Act, ]983 and the Himachal Pradesh Cinemas (Regulation) (IIIrd Amendment) Rules, 1983. In the writ petition these statutory provisions, amongst others, have been challenged on diverse grounds. However, at the preliminary hearing of the petition the challenge was confined only to the following three grounds:

(2.) We shall deal, with these grounds seriatim. Before We do so however, we shall highlight the backdrop.

(3.) The cinema houses In this State are subject to regulation under various statutory enactments. We shall, however, refer to only those which are relevant for the pre sent purposes. The Himachal Pradesh Cinemas (Regulation) Act. 1979 (hereinafter, referred to as "the 1979 Act") and the Himachal Pradesh Cinemas. (Regulation) Rules, 1979 (hereinafter referred to as "the 1979 Rules") make provision for regulating exhibitions by means of cinematograph. The Himachal Pradesh Entertainments Duty Act, 1968 (hereinafter referred to as