- (1.) In the above numbered writ petitions the question is as to whether the Rajasthan Cinemas (Regulation) Act, 1952 (for short, the Act and the Rajasthan Cinemas (Regulation) Rules, 1959 (for short, the Rules) are attracted in so far as such of the petitioners who are exhibiting films by means of video
(2.) It will be proper to first give facts of each of the writ petitions and then to deal with the point involved.
(3.) The petitioner got a Video Cassette Recorder (VCR) and also a big size exhibition equipment i.e. projection TV for the purposes of entertainment of the public and exhibits films through the VCR. He started a video parlour in the name and style of Shakti Video Bhamatipura, Dholpur. The said Video Parlour was started sometime in the month of November, 1989. According to the petitioner in reply to his letter he was informed by the Collector on September 27,1989 that he is free to exhibit films on video provided he does not infringe copy right and further the films should be certified by the Censor Board. He was granted permission by the Sub-Divisional Magistrate Dholpur under his letter dated November 6, 1989 (Annr. 2). There are three cinema talkies in Dholpur, namely Jagal Talkies, Jagdish Talkies and Bharti Talkies. The people became jealous of the success of the petitioner and started making complaints to the District Magistrate, Dholpur. The Collector issued a notice which was replied, but without considering the same the District Magistrate under his letter dated January 10,1990 (Annr. 5) ordered the petitioner to stop the exhibition of film video parlour. The petitioner has challenged the same and prayed that the respondents be restrained from issuing any such notice in future and they may further be restrained from disturbing the exhibition of films on video by the petitioner.;