K HAQIQUATULLAH KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A show cause notice was issued to the non -petitioners in this case regarding admission of the writ application In response to the show cause notice, the State of Rajasthan has filed a detailed reply to the writ petition itself.

(2.) THE complaint of the petitioner is that the declaration given by him as the publisher of the weekly newspaper 'Paigame Haqiquat' has been wrongly cancelled by the District Magistrate, Jodhpur. by his order dated June 28. 1975 (Exhibit R/3). It has been contended that no opportunity of showing cause as provided in Section 8B of the Press and Registration of Books Act, 1867 (which will hereinafter be referred to as 'the Act') was given to she petitioner. It is also contended that Section 8B has no application to the facts and circumstances of the present case.

(3.) LEARNED Counsel for the petitioner contends that even in case of non -compliance with the provisions of Section 11A of the Act, the declaration cannot be cancelled and action can only be taken under Section 16A of the Act for imposition of penalty for failure to supply copies of newspaper to the Press Registrar. This argument, in my opinion, is not tenable, inasmuch as Section 16A provides that if any publisher of a newspaper published in India neglects to deliver copies of the game in compliance with Section 11A, he shall, on the complain of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a Magistrate hiving jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default. Thus in addition to the administrative action which may be taken against to the petitioner for cancellation of the declaration, he can also be exposed to prosecution under Section 16A of the Act.