VISHNU CINEMA Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) After having heard the learned counsel for the petitioner-appellant and having perused the material placed on record, we are unable to find any reason to entertain this petition seeking review of judgment dated 19.8.2011, as passed in D.B.S.A.W. No. 345 of 2002 by a Division Bench of this Court to which, one of us (Mr. Dinesh Maheshwari, J.) was a member.

(2.) The appeal aforesaid was directed against the order dated 18.4.2002 as passed in S.B.C.W.P. No. 930 of 2001 whereby the learned Single Judge of this Court dismissed the petitioner's writ petition and consequently upheld the demand raised towards water charges payable under the Rajasthan Irrigation and Drainage Act, 1954 ('the Act') and the Rajasthan irrigation and Drainage Rules, 1955 ('the Rules').

(3.) In the intra-Court appeal filed by the petitioner- appellant against the aforesaid order dated 18.4.2002, after considering the provisions contained in the Act and the Rules, more particularly Clause 5(a) of Schedule-I of the Rules, which specifies the rate of water charges for industrial purposes; and after considering the fact that the petitioner had its venture of film exhibition in theater, this Court noticed that similar nature question was considered in the cognate matters led by S.A.W. No. 837/2001 Bhupendra Singh v. State, wherein it was held that the activity of fish breeding was that of an industry. In regard to the activity of the petitioner, of exhibition of films, this Court found that the view taken in Bhupendra Singh's case squarely covered the matter and observed as under: