Hon'ble Prakash Krishna,J.
Connect with Writ Tax No. 404 of 2012.
Learned standing counsel appearing for the respondents prays for and is allowed three weeks time to file a counter affidavit. Petitioner's case in the writ petition is that in pursuance of the Fourth Amendment Rules namely Uttar Pradesh Cinemas (Regulation of Exhibition by means of Video) (Fourth Amendment) Rules, 2011, Rule 17 has been substituted by following rule. He submits that petitioners are ready to deposit the fee for renewal of license as per amended rules dated 31.3.2011. However, the District Magistrate, Moradabad has issued notices asking the petitioners to deposit fee as per earlier Rule 17(2) also, in addition to fee as mentioned in Rule 17(1). The petitioners' case is that petitioners are ready to deposit the entire fee as per amended Rule 17 which is as follows: "Amendment of Rule 17 - In the said rules, for existing Rule 17, the following rule shall be substituted, namely- "17. Fee- The fee for grant or renewal of license shall be as follows-
Fee
(i) Video cinema including exhibition Rs.2400 for every financial year or part by means of video in case of a thereof per video cassette player cable television network
(ii) Hotel Rs.1200 per financial year or part thereof per video cassette player
(iii) Public Service Vehicle Rs.1200 per financial year or part thereof
(iv) Travelling Video Cinema in a local Rs. 100 per month or part thereof area--
(a) for the grant of new license and its renewal up to initial period of one year from the start of the video cinema in that local area.
(b) for the grant of renewal of license in continuation after expiry of one year from the start of the video cinema in that local area. Rs. 200 per month or part thereof."
In view of above, we are of the view that the petitioners may be permitted to deposit the fee as per amended Rule 17 substituted by amendment dated 31.3.2011 as quoted above. The same shall be subject to the orders passed in this writ petition after receipt of the counter affidavit. List after three weeks.