Court No. - 10 Case :- WRIT TAX No. - 895 of 2010 Petitioner :- Kamal Takeej, Bareilly Thru' Licensee/Owner Chetan Mehra Respondent :- State Of U.P. & Others Petitioner Counsel :- Vipin Kumar Respondent Counsel :- C.S.C. Hon'ble Rakesh Sharma,J.
Heard the learned counsel for the petitioner and learned Standing Counsel
appearing for the respondents no. 1 to 4.
Learned Standing Counsel prays for and is allowed one month’s time to file
counter affidavit. Three weeks’ time thereafter is allowed to the learned
counsel for the petitioner for filing rejoinder affidavit.
Connect along with the records of Civil Misc. Writ Petition (Tax) No. 892 of
2010 and list after the expiry of aforesaid period.
An amount of Rs.3/- per ticket was charged from the Cinema Goers for
maintenance of Cinema Hall. The said amount of maintenance which the
petitioner was charging was not the payment towards the entertainment. It
was open to the petitioner to maintain the Cinema Hall in the manner he likes
and the Inspecting Authorities was also open to check the Cinema Hall and
find out whether the Cinema Hall has been maintained properly or not but
they cannot insist the petitioner for refund of the amount because the amount
realized from the Cinema Goers was for maintenance of the Cinema Hall. If
the said amount is realized from the petitioner that only to be refunded to the
Cinema Goers and not the State Government. However, we are, prima-facie,
satisfied that the amount of Rs. 3/- per ticket is meant for Cinema Hall owner
for maintenance of Cinema Hall which cannot be recovered from the
petitioner by the respondents. Therefore, petitioner is entitled for interim
relief.
Until further orders of this Court, the respondents are restrained from
realizing and recovering any amount charged by the petitioner from the
Cinema Goers at the rate of Rs. 3/- per ticket for maintenance of Cinema Hall.
The notification dated 4.9.2009 shall also remain stayed.
Order Date :- 16.6.2010
piyush