Delhi Press Patra Prakashan Pvt. ... vs Union Of India (Uoi) And Ors.
2007 Latest Caselaw 403 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. The counsel for the parties have been heard.

2. This writ petition relates to the magazine Sarita" which is covered under the definition of newspaper" under the Indian Post Office Act, 1898. The issue involved in this petition pertains to the question of granting concessional rate of postage to the said newspaper. According to the Postal Authorities, the said magazine for its first Edition of July, 2002 included a supplement which was separate to the magazine and was not part of the magazine and, therefore, this amounted to irregularly inserting pages which did not form part of the newspaper. The learned Counsel for the petitioner submitted that there was no irregularity inasmuch as in the front cover itself, the chart, showing various means of administering first aid, has been mentioned and the chart itself carried a print line indicating that it was a part of Sarita, First Edition of July, 2002. The chart was given page numbers 227 to 242 which runs consecutively from the last page given in the magazine itself. It is, of course, true that the page numbering was not given separately but cumulatively for the entire chart with each folded side representing each page.

3. A similar issue with regard to the insertion of a chart/calendar had come up for consideration before this Court in the case of Competition Success Review v. Union of India and Anr. 106 (2003) DLT 46. The entire law on the subject has been discussed in that judgment and, in conclusion, it has been held that the only requirement is that the supplemental pages must be accounted for. The petitioner has made an alternative prayer in this case that the matter may be referred for adjudication by the Director General of Posts in accordance with the provisions of Rule 144 (4) (X) of the Post Office Rules, 1933 and pending the disposal, the impugned demand made by the respondents be stayed and the respondents be restrained from withdrawing and or refusing to accept the bookings of matter printed, published and distributed by the petitioner and dispatched by post as a registered newspaper.

4. After having heard preliminary arguments advanced by the counsel for the parties, I am of the view that there is no need for this Court to go into the legal issues arising in this case inasmuch as the law has been conclusively dealt with in Competition Success Review's case (supra). Therefore, the alternative prayer made by the petitioner is allowed and the petitioner is directed to approach the Director General of Posts in accordance with the provisions of Rule 144 (4) (X) of the said Rules for a decision in this matter in accordance with the principles laid down by this Court in Competition Success Review's case (supra). Till such decision is rendered the respondents shall keep the demand in abeyance and the respondents shall not refuse to accept bookings by post printed, published and distributed by the petitioner as long as the petitioner's registration as a newspaper is otherwise valid. The parties are free to raise issues within the parameters of the legal position explained in Competition Success Review's case (supra).

5. This writ petition is disposed of.