ORTEL COMMUNICATIONS LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above two writ petitions have been filed challenging the workability of the Guidelines laid down in the notification dated 30.4.2009 issued by the Department of Energy, Government of Orissa in pursuance,of the judgment delivered by this Court in W.P. (C) No. 11762 of 2006, disposed of on 16.5.2008.

(2.) The petitioner in W.P.(C) No. 10059 of 2009 is a Multi-Service Operator (MSO) whereas the petitioners in W.P.(C) No. 7745 of 2009 are Local Cable Operators (LCOs).

(3.) The facts giving rise to filing of the earlier writ petition and these two writ petitions are as follows: The petitioner (ORTEL) in W.P. (C) No. 10059 of 2009 started cable operation in the State of Orissa in the year 1995. The case of ORTEL is that the State Government in the year 1995 having failed to get a service provider for making provisions of entertainment in the State of Orissa, requested it to take on the assignment, the Nodal Agency being Orissa State Electronics Development Corporation (OSEDC). An investment agreement was executed between OSEDC and ORTEL on 17.6.1995, which is the subject matter of Annexure-4 to W.P. (C) No. 10059 of 2009. The case of ORTEL was recommended to the Orissa State Electricity Board (OSEB) for permission to allow use of its electrical poles on settlement of commercial terms and the said recommendation was approved in the 348th Board meeting of the Board held on 28.6.1995. Subsequently an agreement was executed between the OSEB and ORTEL on 6.7.1995 for utilising the electrical poles to allow the cable network throughout the State on certain terms and conditions. ORTEL invested huge amount of money in laying cables and made other expenditures for operating the cable network at different places in the State of Orissa and was continuing as the sole Multi-Service Operator till Variety Entertainment Private Limited O.P. No. 2 in W.P. (C) No. 10059 of 2009 filed a writ petition before this Court vide W.P. (C) No. 11762 of 2006 challenging clause 6 of the notification dated 11.10.2001 providing laying of one cable in one pole. The said writ petition was disposed of on 16.5.2008 with the following observation and direction :