NATRAJ CINEMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitoners desire a declaration that the proviso to Rule 27 of the Bihar Cinemas (Regulation) Rules, 1974 (hereinafter referred to as the rules') is ultra vires the Bihar Cinemas (Regulation) Act, 1954 (hereinafter referred to as'the Act') and pray for issuance of mandamus directing the respondents concerned to recall or to cancel letter No. 3114 dated 12-5-1981 (annexure'1'), by which they have fixed the rates of tickets chargeable bv the petitioners for entry into various classes in their cinema. A direction is further sought that annexure '1' should be quashed on the ground that the rates of tickets have been fixed arbitrarily, without taking into consideration the cost of maintenance and operation of the cinema hall, and without applying the principle of natural justice, since the petitioners were not afforded an opportunity of being heard lastly, the impugned proviso and the direction given thereunder by annexure '1' is violative of Article 19(1) (g) of the Constitution as it imposes unreasonable restriction upon the petitioners in carrying on their business and trade and is also violative of Article 14 because the directions are discriminatory in natures since unequals have been made equal.

(2.) Petitioner No. 1 is the partnership firm carrying on the business of exhibiting cinematographic films in the town of Jamshedpur and owns a hall known as 'Natraj' petitioner No. 2 is one of the five partners of the said Firm. The said firm has been carrying on the business of exhibiting cinematographic films since 1967 under the licence granted under the Act. It is averred that since the inception of the business the petitioners have throughout fixed the rates of entrance into the cinema for various shows in different classes and have revised the rates off and on, the last revision being on 1-12-75. It may be mentioned here that the rates so fixed are subject to levy of tax under the Bihar Entertainment Tax Act, 1948, which, at present, is 110 per cent of the basic rates. The revised tariff as it stood on December 1, 1957 is as follows: <TAB> ____________________________________________________________________ Class Admission Entertain- Total Fee ment Tax Rs. Rs. Rs. _____________________________________________________________________ D/C 2.72 3.00 5.72 B/C 2.27 2.50 4.77 1st 1.77 1.95 3.72 2nd 1.22 1.35 2.57 _______________________________________________________________________ </TAB>

(3.) It will be proper here to set out the relevant provisions of the Act and the Rules. Section 9 of the Act reads as follows ;-