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TMI Blog2017 (4) TMI 1507X X X X Extracts X X X X X X X X Extracts X X X X ..... 955. Hence, the present G.O. challenged in the writ petitions can be set aside. Considering the facts and circumstances of the case and the interim orders passed by this Court earlier in some of the writ petitions, this Court is of the view that the present writ petitions can be disposed of with the directions imposed: i) G.O.Ms.No.100, Home (General.A1) Department, dated 26.4.2013 is set aside. ii) Both the Governments are directed to constitute their respective committees headed by the respective Principal Secretaries for Home. Insofar as the other members of the Committees are concerned, it is left open to the respective Principal Secretaries for Home to choose the exhibitors, distributors and other members to participate in the committee so as to adjudicate the issues involved in all the writ petitions. iii) While taking decision, the committees are directed to consider the welfare of the cine-goers primarily and also the grievance of the exhibitors and distributors and frame the rules in accordance with law on or before 30.3.2017; iv) If any decisions are taken and any G.O, is issued prior to 30.3.2017, the same shall become operative in nature. iv) The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners of various theatres questioning the validity of the orders passed by the Government in G.O.Ms.No.181, dated 11.7.2011. This Court had struck down the said G.O. and directed the Government to constitute a fresh committee with the Chief Secretary as Chairperson and with some other members for the purpose of suggesting the factors to be considered while fixing or increasing the rates of tickets in various classes of Cinema Theatres. In pursuance of the said directions, the Government of Andhra Pradesh appointed a High Power Committee with seven members consisting of (1) Chief Secretary to Government; (2) Principal Secretary to Government (Revenue-CT); (3) Principal Secretary to Government (MA-UD), (4) Principal Secretary to Government (Finance); (5) Commissioner ExOfficial Secretary ( I PR) ; (6) Principal Secretary to Government (IT) and (7) Special Chief Secretary to Government (Home) (Passports, Fire and Cinematography). After recommendations of the Committee, the Government issued the impugned G.O. It is the case of the petitioners that the committee suggested the rates of highest ticket price at ₹ 75/- in Municipal Corporation and the rates for the lowest class at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rates of admission for intermediary classes such as 2nd and 3rd classes between the highest and the lowest depending on the number of classes and the management has to provide, with justifiable reasons with reference to spacing, quality of seats etc. The Government issued the G.O impugned with reasonable classification. There are no grounds to interfere with the G.O. impugned. 4. Heard both sides and perused the material available on record. 5. The impugned G.O. reads as follows: The matter regarding revision of rates of admission to the cinema theatres in Andhra Pradesh was under consideration of the Government. Meanwhile, the Hon ble High Court of A.P. in its common order in W.P. No. 20656,20658 and 20661 of 2011 and 3785 of 2012 dated:25.09.2012, quashed G.O.Ms.No.181, Home (Genl.A) Dept., dated:11.07.2011 with certain directions to Government to constitute a Committee to suggest factors to be considered while fixing rates of admission into various classes of the cinema theatres, classification of theatres and fixation of rates of admission into different classes in such theatres, based on which Government was directed to issue necessary orders within a specific time- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an the rate fixed for the highest class and lowest class as fixed by Government and as approved by the licensing authority for intermediary classes and to also increase the rates upto the maximum now allowed. However, the provision of flexibility in reducing the rates and increasing upto maximum rate allowed is hereby extended to Municipalities Grades I to III, Nagar Panchayats and Gram Panchayats, subject to the condition that such decrease in rates of admission shall not have the effect of reduction of entertainment tax payable on the basis of gross collection capacity, until further orders. In respect of Municipal Corporations, Selection Grade and Special Grade Municipalities, the flexibility in reduction of rates or enhancing upto maximum rates allowed can be for any number of days. However, the theatres wishing to lower the rates or increase upto maximum rates allowed in all grades of areas shall also give prior intimation under proper acknowledgment to the licensing authorities and the local police concerned at least two (2) days before the revised rates are to be adopted by them. In addition, only those theatres in Municipal Corporations, Selection Grade and Special Grade Mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnexure III, and the managements shall also follow such other conditions as may be prescribed by the licensing authorities. The District Collectors, Licensing Authorities and all concerned shall take further necessary action accordingly. 6. The above G.O. under challenge was passed by the Government in pursuance of the directions of this Court in W.P.No.20656 of 2011 and batch. The main grievance of the petitioners herein is that the rates fixed by the Government by the impugned G.O. to the areas like Corporation, Municipalities and Grampanchayats are discriminative in nature since the expenditure in all the theatres in Corporations, Municipalities and Grampanchayats is one and the same. The rates fixed by the Government in the areas classified in the G.O. cause hindrance and loss to the exhibitors. 7. During the pendency of the writ petitions, in some of the writ petitions, this Court passed the following interim order: In terms of interim orders granted by this Court in similar circumstances, the petitioners shall be permitted to collect the rates as proposed in the application. But the difference amount in the rates collected shall be maintained separately by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome to choose the exhibitors, distributors and other members to participate in the committee so as to adjudicate the issues involved in all the writ petitions. iii) While taking decision, the committees are directed to consider the welfare of the cine-goers primarily and also the grievance of the exhibitors and distributors and frame the rules in accordance with law on or before 30.3.2017; iv) If any decisions are taken and any G.O, is issued prior to 30.3.2017, the same shall become operative in nature. v) The petitioners-theatres are permitted to run their respective theatres by collecting their proposed fares. However, it is made clear that the petitioners shall inform to the Authorities concerned as to the ticket rates, which they intend to collect in respect of all classes till adjudication of the issues in question by the respective committees. vi) In some of the writ petitions, this Court issued interim orders permitting the petitioners therein to collect the rates as proposed in their applications, and to maintain separate account with regard to the difference amount in the rates collected by them. Those interim orders passed by this Court earlier in some of the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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