- (1.) B. M. Lal, J. At the very outset it is necessary to mention as to how this petition came to be listed before this Bench.
(2.) ALSO happened that this petition was earlier listed before this Bench and the argument advanced by the learned counsel for the petitioner was that this case was covered by ; Division Bench decision of this Court, rendered in Civil Misc. Writ Petition No. 1190 of 1994 - Kamla Palace v. State of U. P. and others whereby a bunch of petitions was disposed of on 10-7-95 and impugned proviso to sub-section (1) of section 3-A of the U. P. Entertainment and Betting Tax Act, 1979, (for short the Act) and the Government orders issued thereunder were declared ultra vires. This Bench (comprising Hon'ble B. M. Lal and Hon'ble M. C. Agarwal, JJ.) by its judgment dated 17-8-95 arrived at the conclusion that the decision rendered in Civil Misc. Writ Petition No. 1190 of 1994 - Kamla Palace v. State of U. P & Others dated 10-7-95 required reconsideration by a larger Bench, upon which Hon'ble the Chief Justice by order dated 25-8-95 constituted a Full Bench comprising Hon'ble V. N. Khare, Hon'ble Om Prakash and Hon'ble Rafat Alam, JJ. and subsequently recontituted the Full Bench by order dated 16-1-96 comprising Hon'ble A. P. Misra, Eon 'ble Om Prakash and Hon'ble Rafat Alam, JJ. The Full Bench by its judgment dated 22-3-96 after considering the matter at length decided that the law laid down In the case of Kamla Palace (supra" was not correctly laid down and held that the impugned proviso to section 3-A of the Act is a valid piece of legislation and sent back me case to this Bench for disposal on merits. Thus, this case was listed before this Bench.
(3.) SRI R. N. Singh, learned senior counsel appeared for the petitioner and SRI Rakash Dwivedi, learned Additional Advoate-General, appeared for the respon dents. The relief sought by this petition is to quash the amendment made in proviso to section 3-A of the Act by which the petitioner is restricted from charging Re. 1 per ticket towards maintenance charge which shall be utilised for maintenance and up keep of the cinema halls of the petitioners. The further relief sought is to issue mandamus directing the respondents to permit the petitioner to charge Re. 1 per ticket from the cinema goes which shall be utilised for maintenance of the cinema hall and its premises.;