HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.30479 of 2010
Date: September 22, 2014
Between:
1. M/s. Sri Venkateshwara Theatre, Bodhan, Nizamabad District, rep.
by its Licensee B. Venkata Subbaiah & 4 others.
… Petitioners And
1. Government of Andhra Pradesh, . rep. by its Secretary (Home), Hyderabad & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.30479 of 2010
O R D E R:
Heard learned counsel for the petitioners and learned Government Pleader for Home appearing for the respondents.
2. This writ petition was filed challenging the proceedings of the 2nd respondent in C1/127/2009-M-10 dated 30.09.2010 whereunder the 2nd respondent imposed a fine of Rs.10,000/- on the first petitioner theatre under Section 9 of A.P. Cinemas (Regulation) Act, 1955, for certain lapses.
3. Petitioners 2 to 5 withdrew the writ petition and this Court, by order dated 08.12.2010, granted interim suspension insofar as the first petitioner was concerned. By virtue of the interim suspension granted by this Court, the first petitioner has been running the theatre without payment of the fine amount imposed on it.
4. The impugned order points out certain lapses on the part of the petitioner management and the learned counsel for the petitioners submits that the above lapses were already cured by taking necessary action and there is no occasion for the 2nd respondent to impose penalty. He also submits that the impugned order was passed without issuing any notice and uniformly to all the theatres in Nizamabad District.
5. In the circumstances, the 2nd respondent can depute one of his officers to the first petitioner theatre and if any lapses are still noticed, they can take necessary action for recovery of the penalty amount already imposed.
6. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 22, 2014 BSB 6 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.30479 of 2010
Date: September 22, 2014
BSB