VERIETY ENTERTAINMENT PVT LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, M/s. Variety Entertaiment (Pvt.) Ltd. is a Private limited Company incorporated under the provisions of Companies Act, 1956 and claims to be a "cable Operator" within the meaning of the provisions of the Cable Television Networks (Regulation) Act, 1995.

(2.) THE petitioner asserts that it is running a system of Cable Television Network and has the necessary license to distribute the television signals received from various broad-casters of Satellite Television channels to different households in the towns/ cities of Orissa. The distribution of Cable television signals is done through various technical means and the said signals reach the viewers at their individual households through a distributing system by way of cable networking carried in electrical poles. The petitioner vide its letter dated 12-4-2002 (Annexure-1) to the CESCO (O. P. No. 2)sought for its permission to use its electric poles laid in its operational area in different towns and cities of Orissa for carrying out its cable television business. It is submitted that the CESCO (O. P. No. 2) accorded the requisite permission as sought for by the petitioner, subject to the execution of a 'formal agreement' and fulfilment of other terms and conditions concerning fees etc. under its letter dated 7-5-2002 (Annexure-2 ).

(3.) IT appears that the petitioner thereafter, by letter dated 21-6-2006 (Annexure-3)wrote to CESCO and sought for execution of an agreement in conformity with CESCO's earlier letter of approval dated 7-5-2002. The cesco authorities directed the petitioner under cover of their letter dated 24-7-2006 (Annexure-4) to contact the concerned Executive Engineers in charge of the respective distribution divisions, for execution of the said agreement, but, with a rider not to allow more than one Cable Television Operator use of the same electric pole, in difference to a Energy Department Notification no. 18271 dated 11-10-2001 (Annexure-5)and Notification No. 148 dated 4-1-2002 (Annexure-6 ).