M/S Ganpati Digital Cable Network ... vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 3702 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- MISC. BENCH No. - 33099 of 2018
 
Petitioner :- M/S Ganpati Digital Cable Network Thru. Prop. Viresh Kumar T
 
Respondent :- State Of U.P. Thru. Prin. Secy. Entertainment & Trade Tax &O
 
Counsel for Petitioner :- Rajeev Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Dipak Seth
 

 
Hon'ble Vikram Nath,J.

Hon'ble Rajesh Singh Chauhan,J.

Heard learned Counsel for the petitioner and Sri H. P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Sri Dipak Seth, learned counsel representing respondent Nos.4 and 5.

At the outset, learned Counsel for the petitioner submitted that several petitions raising similar controversy are already pending before this Court and partial interim protection has been provided to the petitioner in those cases.

Learned counsel for the petitioner has relied upon an order dated 11.04.2016 passed in Writ Petition No.5822 (MB) of 2016, Bihari Telemedia Ltd. Thru. Sri Purna Pratap Dwivedi Vs. State of U.P. and 3 others, whereby the petition was entertained and counter affidavit was invited.

Considering the aforesaid submissions, we direct that this petition may be connected with Writ Petition Nos.5822 (MB) of 2016, Bihari Telemedia Ltd. Thru. Sri Purna Pratap Dwivedi Vs. State of U.P. and 3 others and Writ Petition No.6476 (MB) of 2016, Dish TV India Ltd. through Authorized Representative Vs. State of U.P. & another.

Sri H. P. Srivastava, learned Additional Chief Standing Counsel prays for and is granted a month's time to file counter affidavit.

The petitioner will have two weeks' time thereafter to file rejoinder affidavit.

List after expiry of the aforesaid period alongwith the said connected petitions.

Further, as an interim measure, it is provided that recovery pursuant to the order dated 31.07.2018 (Annexure No.7 to the Writ Petition) shall remain stayed provided the petitioner deposits one-third of the outstanding liability of Rs.2,27,000/- within a period of three weeks from today. In the event of default of the deposit as aforesaid, the interim protection shall automatically stand discharged and it would be open to the respondents to recover the amount in accordance with law.

Order Date :- 15.11.2018

Suresh/

[Rajesh Singh Chauhan,J.] [ Vikram Nath,J.]