AJAY JHA Vs. BISAMBHAR DAYAL AGRAWAL

JUDGEMENT

(1.) 21/02/2012 Interalia contending that a proceeding pending before respondent No.7 under section 8-B of the Press & Registration of Books Act, 1867, is not being concluded by respondent No.7 in a manner as it should be, and further contending that respondents 1 to 5 are creating hindrances in the smooth disposal of the proceeding by unnecessarily prolonging the matter, by making false and frivolous allegations, and also contending that an objection raised by the petitioners with regard to the right of respondents 1 to 6 to file their written statement in accordance to the provisions of Order VIII Rule 1 of the Code of Civil Procedure, is not being decided by respondent No.7, petitioners have filed this writ petition and the relief claimed reads as under:

(2.) SHRI Rohit Arya, learned Senior Advocate, appearing for the petitioners, took me through various documents and material available on record and tried to emphasize that the proceeding under section 8-B is not being conducted properly and as respondent No.7 is unnecessarily prolonging the matter, the directions as prayed for are sought.

(3.) EVEN the question as to whether a proceeding under section 8-B of the Press & Registration of Books Act, 1867 is a proceeding in the nature of a suit and whether the provisions of Order VIII of the Code of Civil Procedure are applicable, are all questions which are to be decided by respondent No.7 and at this stage in this proceedings, no case is made out for interfering into the matter, particularly when the District Magistrate concerned i.e.... respondent No.7 is proceeding with the matter after taking note of all the objections that are raised by the parties and is trying to decide the same.