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1984 Supreme(Online)(AP) 2

ANDHRA PRADESH HIGH COURT
K. Jagannatha Rao, J
Prasada Rao D. K. V. and Others v. Govt. of A. P.


Advocates:
For the Appellants/Petitioners: Sri M.R.K. Choudary
For the Respondents: Sri A. Venkatarama Reddy

1. These four writ petitions consisting of individual and juristic persons (Partnership Firms) and a lone lessee - licensees of cinema buildings (hereinafter called 'theatres') situated in West Godavari, Khammam, Nizamabad and Mahboobnagar Districts are the petitioners, They invoked the constitutional remedy under Art.226 impugning "the vires of R.12 (3)" of the Andhra Pradesh Cinemas (Regulation) Rules, 1970, hereinafter called "the impugned Rule", mounting three pronged attack viz., infringement of their fundamental right to carry on trade or business in exhibiting cinematographs, on the anvil of (1) smack of statutory base, (2) excessive delegation and (3) unreasonable constraint in the exercise and enjoyment of their aforesaid right. Whether the base thus created on their four pillars (writ petitions) stand erected on solid foundation or shifting sand, is the subject of broach hereinafter. The reliefs claimed thereon are: (a) for declaration that the conferment of the rule - making power under S.11 of the Andhra Pradesh Cinemas (Regulation) Act (4 of 1955), hereinafter referred to as "the Act" as ultra vires the Constitution; (b) to declare R.12 (3) and the conditions if any im












































































































































































































































































































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