Rabindra Mohan Prasad Madhur v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14415 of 2010 ====================================================== Rabindra Mohan Prasad Madhur S/o Late Awadhesh Nandan Prasad, Resident of Mohalla- Rajendra Nagar, P.S. - Khagaria, Distt. Khagaria. .... .... Petitioner
Versus
1. The Union of India through its Secretary, Ministry of Information and broadcasting, New Delhi.
2. The Chief Secretary. Ministry of information and broad casting Media Unit Cell, New Delhi.
3. Press Registrar, Department of information and broadcasting, West, Block - VIII, Wing-2, R.K.Puram, New Delhi.
4. The State of Bihar, through its Chief Secretary, Patna.
5. The District Magistrate, Khagaria.
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh 2 For the Respondent/s : Mr. Ram Anurag Singh, CGC AC to GA - 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-05-2015 Heard Sri Ranjeet Kumar Singh-2, learned counsel for the petitioner, Sri Ram Anurag Singh, learned Central Govt. Counsel as well as learned A.C. to Govt. Advocate - 10. The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has mainly prayed for directing the respondents to provide registration number for publication of Hindi Monthly Magazine "Adalat Police Prashashan".
It has been claimed that the request for registration of the petitioner, which was made earlier before the District Public Relation Officer, Khagaria, a communication was made by the
Patna High Court CWJC No.14415 of 2010 (5) dt.05-05-2015 2/3 District Public Relation Officer to the Press Registrar, vide Annexure '1' to the writ petition in the year 2006 itself, however; thereafter, nothing was done. Further, it has been submitted that the petitioner thereafter approached several times, but all went in vein and finally, he approached this Court by filing the present writ petition.
In this case, a counter affidavit has been filed on behalf of respondent no. 1 & 3, wherein, it has been indicated that there is nothing on record to show as to whether any communication in respect of registration of the publication was made by any of the authority. In paragraph - 9, it has been indicated that record of applications, received for verification of title from District Magistrate concerned, is retained only for a period of three years. In sum & substance, it has been indicated that there is no record and as such, no favourable order can be passed.
Fact remains that the initial cause of action arose to the petitioner in the year 2006 itself and belatedly present writ petition was filed and in view of facts disclosed in the counter affidavit, showing non-availability of the record, no direction can be issued. However, the writ petition can be disposed of granting liberty to the petitioner to approach the authority concerned afresh
Patna High Court CWJC No.14415 of 2010 (5) dt.05-05-2015 3/3 in respect of claim made in the present writ petition. If such application is filed, Court expects that the authority concerned without being prejudiced may examine the same and take appropriate steps in accordance with law.
With above observation, the writ petition stands disposed of.
(Rakesh Kumar, J.) Anay/- U