GHOOMAR CAFE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the writ petitions mentioned in the Appendix 'A' are disposed of by this common order as common questions of law and fact are involved in these writ -petitions.

(2.) FOR the convenient disposal of these petitions, the facts of the case in S.B. Civil Writ Petition No. 2141 of 1984 Ghoomar Cafe v. State of Rajasthan are taken into consideration. The petitioner is carrying on his business as a sole proprietor in the name of Ghoomar Cafe at Ghas Mandi Road, Jodhpur. The petitioner is having a V.C.R. and T.V. in respect of which he has regularly paying the licence fee for the commercial use of the same. He further submits that he is using V.C.R. and T.V. for the entertainment of his customers. He submits that he is paying entertainment -tax in respect of the above V.C.R. and T.V. under the Rajasthan Entertainment and Advertisement Tax Act, 1957. He further submits that he displays the Video Cassette Films duly certified under the Act. He submits that he has been given threatenings by the non -petitioner of seizing the V.C.R. and T.V. He further submits that the respondents are unauthorisedly interfering with the business of the petitioner for one reason or the other.

(3.) THUS , in view of the above letter the grievance of the petitioner is substantially redressed. However, learned Counsel for the parties insisted upon the question of validity and proper interpretation of Rule 30 of the Cinematograph (Certification) Rules, 1983 as amended in 1984. Therefore, I have to examine this aspect. The Rules have been framed under Section 16 of the Cinematograph Act, 1952. Rule 30 as amended is reproduced as under: