GULSHAN KUMAR GHAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 22nd March, 2014, passed by the respondent No.2, District Magistrate, Udham Singh Nagar, rejecting the application of the petitioner seeking the permission / licence to provide cable service in Rudrapur town, District Rudrapur, Udham Singh Nagar.

(2.) PERUSAL of the impugned order dated 22nd March, 2014, reveals that on the application of the petitioner seeking licence to provide cable connection in the Rudrapur City, a report was called from the Police Station, Rudrapur. Police Station, Rudrapur submitted one report to the effect that tension is prevailing between the petitioner and Vinod Kumar S/o Shri Banarsi Das Chawla for the cable network business and both the parties were challaned under Sections 107 / 116 of the Cr.PC. Learned District Magistrate was pleased to reject the application of the petitioner only on the ground since there was apprehension of breach of peace between the petitioner and another Cable Operator Vinod Kumar, therefore, grant of licence to the petitioner would not be desirable.

(3.) UNDISPUTEDLY , cable network falls within the definition of entertainment. Therefore, to run the cable television network, a permission / licence is required under Section 5 of the Act. Rule 3 of U.P. Cable Television Network (Exhibition) Rules, 1997 reads as under : -