All India Reporter Pvt. Ltd., Mumbai v. Press Registrar And Head Of The Department, New Delhi And Others

2025:BHC-NAG:5895-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1865 OF 2017 All India Reporter Pvt.Ltd.

Vs.

Press Registrar and Head of the Department, Registrar of Newspapers for India, Ministry of Information and Broadcasting, Newl Delhi and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri H. S. Chitale, Advocate h/f Shri A. C. Dharmadhikari, Advocate for petitioner.

Shri S. A. Choudhary, Advocate for respondent Nos.1 and 3. Shri J. Y. Ghurde, Assistant Government Pleader for respondent No.2. CORAM : NITIN W. SAMBRE AND SACHIN S. DESHMUKH, JJ. DATE : June 23, 2025 P. C.

1.

Heard.

2.

The petitioner has come out with following prayers: (A) Direct the Respondent No.1-Registrar of Newspapers, New Delhi to forthwith register the Law Journal and Newspaper "AIR Supreme Court Weekly" published by the Petitioner pursuant to the Declaration dated 29.10.1986 under the Press and Registration of Books Act, 1867 (Annexure "C") ; (B) Quash and set aside the communication dated 08/09/2000 issued by the Respondent No.1-Registrar of Newspapers, New Delhi to the Petitioner (Annexure "F");

(C) Direct the Respondent No.1-Registrar of Newspapers, Newl Delhi to forthwith issue a Certificate of Registration in respect of the Law Journal & Newspaper "AIR Supreme Court Weekly" published by the Petitioner pursuant to the Declaration dated 29.10.1986 under the Press & Registration of Books Act, 1867. (Annexure "C").

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3. In response to the prayer made by the petitioner, the respondent No.2 District Magistrate and Collector, Nagpur has filed his reply and has specifically stated in paragraph Nos.3 and 4 as under:- " 3.

This respondent states that upon a perusal of the averments of the petition, the main crux of the petition is that despite swearing of the declaration on 7.7.1988 before the District Magistrate, Nagpur in the prescribed format and the same being transmitted to the office of the respondent No.1 the same is not still processed by the respondent No.1 nor the certificate of registration under the Act and Rules has been issued by the respondent No.1.

4.

The respondent states that the petitioner company is the publisher of a Law Journal "AIR Supreme Court Weekly" and as per Section 5(2C) of the Press & Registration of Books Act, 1867, the publisher of every such newspaper is required to make a declaration in the prescribed format. As per section 6, the said declaration has to be authenticated with the signature and official seal of the Magistrate before whom such declaration has been made. In the present matter the petitioner company being publisher of a Law Journal and newspaper had sworn the said declaration before the District Magistrate, Nagpur within whose local jurisdiction such news paper is printed or published on 7.7.1988. A copy of the said declaration is already annexed with this petition. It is a matter of record that the said declaration had thereafter been transmitted to the office of the Registrar, Newspaper for India, New Delhi by the office of the respondent No.2".

4. Once, it is the stand of the respondent No.2 that the declaration submitted by the petitioner was already forwarded to the respondent No.1, the respondent No.1 in such an eventuality should have resolved the issue by establishing contact with the Office of the respondent No.2

3/3 as it is their claim that such declaration was not submitted by the petitioner.

5. In this background, we hold that the petitioner has submitted a declaration as contemplated, as could be inferred from the reproduced paragraph Nos.3 and 4 of the affidavit of the respondent No.2. 6.

We direct the respondent No.1 to proceed with the request of the petitioner for grant of registration based on such declaration as expeditiously as possible and communicate the decision taken thereon to the petitioner within a period of twelve weeks from today. 7.

The Writ Petition stands allowed in above terms with liberty to the petitioner to approach afresh in case if any contingency arises. No costs.

(Sachin S. Deshmukh, J.) (Nitin W. Sambre, J.) Asmita