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| HC vacates stay, directs DM to take a decision in four weeks | | Dainik Bhaskar declaration case | | EARLY TIMES REPORT
Jammu, Aug 30:- The High Court today vacated a stay on publication of Dainik Bhaskar from Jammu and directed the district magistrate to decide the application within four weeks. The stay had been granted on July 23 this year. The order was passed by Justice Mansoor Ahmad Malik.
One Sanjay Aggarwal has filed petition and challenged the order dated June 15, 2010 passed by the District Magistrate Jammu whereby the authentic declaration in terms of the provisions of the Press and Registration of Book Act 1867, came to be made in favour of DB Coper Limited. Petitioner has also questioned the titled verification letter forwarded by Registrar of Newspaper of India to District Magistrate Jammu in pursuance of which impugned authentic declaration came to be made. The case of petitioner is that his consent as co-owner was required before filling the declaration, petition and approval/ title verification letter issued by RNI is contrary to record particularly to its earlier communication dated June 18, 2004, Notice was issued and the impugned declaration and approval of verification was stayed. Respondent DB Coper Limited filed reply in the main petition and also moved CMP for vacation of interim direction dated July 23, 2010.
Petitioner Sanjay Aggarwal filed an application on June 30, 2010 where it alleged that the application made by DB Coper Limited for the verification was illegal because his consent being a co-owner has not been sought. He made a representation on July 21, 2010 to District Magistrate Jammu wherein it is averred that the matter is sub-judice before the Delhi High Court and Delhi High Court has issued the order of stay and accordingly has prayer not to permit publication of Dainik Bhaskar in Jammu. The private respondent has resisted the petition on various grounds and averred that Delhi High Court has already disposed of the petition vide judgment/ order July 28, 2010 and order of stay is not in place. The petitioner efficacious alternate remedy available, which he has already availed but because of interim direction granted by J&K High Court, the District Magistrate is not in a position to determine the issued.
Justice Mansoor Ahmed Mir after hearing Advocates Sandeep Seth, CS Gupta & Seema Shekhar appearing for the petitioner whereas Govt Advocate Deepika Mahajan appeared for the Union of India and Registrar of Newspaper, AAG AH Qazi appeared for the District Magistrate Jammu whereas Sr. Adv Vivek Tankkha with Advocates Mandeep Reen & Ankur appearing for the private respondents and also referred the judgments quoted by both side, vacated the interim order (stay) dated July 23, 2010 and asked the District Magistrate Jammu to decide the application/objections and make a decision within four weeks. JNF |
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