THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.5407 of 2020

ORDER:

This Writ Petition is filed with the following prayer:

“… to issue a writ, Order of direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in restricting the petitioner theatre from collecting parking fee/charges from customers under G.O.Ms. No.63 MAUD Plg. II (1) Department dated 20.03.2018 and not allowing it to collect the same as being arbitrary, illegal and in violation of Article 14 of the Constitution of India.”

2. Heard learned Counsel for the petitioner, learned Government Pleader for General Administration Department appearing for respondent No.1 and learned Government Pleader for Home appearing for respondent No.2 and perused the record.

3. The main grievance of the petitioner in the Writ Petition is that it is a stand alone single theatre having valid licence under A.P. Cinema (Regulation) Act, 1955 and the Rules thereunder; that it has organized parking facility in its premises for customers who come to watch cinema in their theatre and collect charges from them; that the Government of Telangana had issued G.O.Ms. No.63 MAUD Plg. III (1) Department dated

20.03.2018 to regulate parking fee/charges in commercial establishments/malls/multiplexes in the city of Hyderabad and other urban areas in the Telangana State as part of its parking policy; that the petitioner stopped collecting fee/charges in apprehension of penal action for any violation of the orders; and that the action of the respondents in restricting collection of parking fee/charges and not allowing the theaters to collect the parking fee from its customers is arbitrary, illegal and in violation of Article 14 of the Constitution of India.

4. Petitioner further contends that the G.O.Ms. No.63 MAUD Plg.III (1) Department dated 20.03.2018 does not apply to single theatre like the petitioner and is intended only for parking fee/charges in commercial establishments/malls/ multiplexes and as such the 2nd respondent cannot restrict the petitioner being a single theatre from collecting the charges.

5. When the Writ Petition is taken up for hearing, learned Counsel appearing on behalf of the petitioner fairly submitted that the issue involved in the present Writ Petition is similar to the issue considered by this Court in W.P. No.281315 of 2019 & batch and that the decision in the aforesaid case would squarely apply to the facts of the present case.

6. I have taken note of the respective contentions urged.

7. This Court by its order dated 12.04.2022 in W.P. No.28315 of 2019 & batch considering the challenge made to the action of the respondent authorities in seeking to implement/enforce the G.O.Ms. No.63 MAUD Plg.III (1) Department dated 20.03.2018, however, taking note of the amendment issued vide G.O.Ms. No.121 MAUD Plg.III(1) Department dated 27.10.2021 permitting the stand alone single theatres to collect parking fee from its customers, who are cinema goers in their premises, closed the batch of Writ Petitions observing that the cause in the Writ Petition does not survive for consideration any further.

8. In the facts of the present case, the petitioner is also a stand alone single theatre though situated within the urban area, since, by virtue of G.O.Ms. No.121 dated 20.07.2021 is now permitted to collect parking fee from its customers who park their vehicles in the premises of the theaters as held by this Court in the decision rendered in W.P. No.28315 of 2019 & batch, this Court is of the view that the petitioner is also entitled to collect parking fee/charges and respondent authorities cannot initiate any coercive action against the petitioner for such collection.

9. In view of the above and for the reasons alike as stated in W.P. No.28315 of 2019 & batch dated 12.04.2022, the Writ Petition is closed. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

_____________________ T. VIN