Extracted from the PDF above. The PDF is authoritative.
APHC010140902025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7384/2025 Between: G M Picture Palace ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. B S REDDY Counsel for the Respondent(S):
1. GP FOR ROADS AND BUILDINGS
2. GP FOR REVENUE The Court made the following ORDER:
The above writ petition is filed to declare the action of respondents 5 and 6 in not issuing the structural soundness certificate on the applications of the petitioner dated 20.01.2025 and 27.01.2025, for renewal of B-form license of the petitioner Theatre, as illegal and arbitrary.
2. Heard Sri B.S.Reddy, learned counsel for the petitioner, Sri Abdul Rasheed, learned Assistant Government Pleader for R & B and Sri Bhagat Singh, learned Assistant Government Pleader for Revenue for the respondents.
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3.
Learned counsel for the petitioner would submit that the licensing authority- the Joint Collector issued proceedings vide REV02- OPOMOEOFF(MISC)/31/2024-C1(MS)-COLLNDL, dated 10.01.2025 (Ex.P.3) directing the proprietor of the petitioner theatre to close down the theatre until submission of valid certificate or renewal of license as per the procedure. In Ex.P.3, it was mentioned that the petitioner theatre is running without a valid license i.e. (1) Building Soundness Certificate and (2) Form B license.
Learned counsel would submit that the petitioner made representations dated 20.01.2025 and 27.01.2025 to the 4th respondent to issue a structural soundness certificate. However, the authority has not issued the structural soundness certificate.
4. Learned Assistant Government Pleader for R & B submitted the instructions of the 4th respondent - Joint Collector, Nandyal District vide REV02-OPOMOEOFF (MISC)/31/2024-C1(MS)-COLLINDL, dated
07.04.2025. In the instructions, it was mentioned that the lock and key of the theatre are kept with the proprietor of the theatre. The order of the Joint Collector will not preclude the R & B officials from inspecting the building regarding the soundness certificate. The instructions further disclose that until and unless the petitioner submits valid certificates, the petitioner’s application for renewal of the license does not arise.
5. Learned Assistant Government Pleaders for the respondents would submit that the authority requires two (2) days' time for inspection qua structural soundness.
6. Given the facts and circumstances of the case, the writ petition is
disposed of at the admission stage with the consent of all the learned counsel, directing the learned respondents 5 and 6 to inspect the petitioner's theatre and conduct requisite tests. Since the lock and key are with the petitioner, the petitioner is at liberty to open the theatre only to conduct required tests. The
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respondents 5 and 6 shall complete the exercise within two (2) weeks from today. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ SUBBA REDDY SATTI, J
Date: 08.04.2025 KA Copy by 09.04.2025
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116 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.7384 OF 2025 Date: 08.04.2025 KA Copy by 09.04.2025