COMPETITION SUCCESS REVIEW Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the consent of the parties the matter is taken up for final disposal. The petitioner publishes, inter alia, the english monthly entitled "Competition Success Review". This monthly publication is admittedly a "newspaper" in terms of the Indian Post Office Act, 1898 and the rules made thereunder. There is also no dispute that the petitioner is registered with the Registrar of Newspapers for India and has been granted Registration No. 10485/64 in respect of its said publication "Competition Success Review" under the Press and Registration of Books Act, 1867. The petitioner's said publication i.e. Competition Success Review (English monthly) is also registered with the Department of Posts, Office of the Chief Post Master General, Delhi Circle, New Delhi for transmission by post on concessional rates. This registration has been renewed from time-to-time and continues to be applicable for the period under consideration. The renewal is done under the provisions of Section 9 of the Indian Post Office Act, 1898 read with Rule 30 of the Indian Post Office Rules, 1933 and Clauses 139 and 142 of the Post Office Guide I.

(2.) This writ petition relates to the question of grant of concessional rates of postage in respect of the Special January, 2001 issue of the said publication "Competition Success Review". The facts in brief are as follows.

(3.) The petitioner states that around 75 lakh copies of the said publication are posted each month to its subscribers. These are packed in packets and postal charges are levied thereon on the base of weight. The special January, 2001 issue was posted from Delhi on three dates (23.12.2000, 26.12.2000 and 27.12.2000). For the said postal despatches on the said three dates, abill dated 1.1.2001 was raised by the Department of Posts for a total sum of Rs. 14,224.75. This bill was paid in full by the petitioner by Cheque dated 12.1.2001.