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1983 Supreme(AP) 151

CHENNAKESAVA REDDY, V.RAMASWAMI
D. K. V. Prasada Rao – Appellant
Versus
Government Of A. P. – Respondent


RAMASWAMY, J.

( 1 ) THESE four writ petitions consisting of individual and juristic persons (Partnership Firms) and a lone lessee-licensees of cinema buildings (hereinafter called theatres) situation in West Godavari, Khammam, Nizambad and Mahboobnagar Districts are the petitioners. They invoked the constitutional remedy under Article 226 impugning "the virus of R. 12 (3)" of the Andhra Pradesh Cinema (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 Section 11 of the Andhra Pradesh Cinema (Regulation) Act (4 of 1955), hereinafter referred to as "the Act" as ultra virus the Constitution; (b) to declare R. 12 (3) and

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