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2001 DIGILAW 1251 (AP)

Shanthi Radham Magazine v. Registrair of Newspapers for India, New Delhi

2001-10-11

G.BIKSHAPATHY

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G. BIKSHAPATHY, J. ( 1 ) THIS writ petition is filed challenging the action of the respondents in refusing to extend the concessional tariff as illegal, contrary and violative of Article 25 of the Constitution of India. ( 2 ) IT is the case of the petitioner that a magazine called shanthi Radham is being published from Sree Somanatha Kshetram, Nagarjuna Sagar Road, Vanasthallpuram, Hyderabad which was registered on 6-10-1997 with Registration No. 66834/97 under the Provisions of Press and Registration of Newspapers (Central) Rules, 1956. The magazine contains the practice of yoga and fitness that accrue on account of performance of yoga and other articles of current topics. The licence is being renewed from time to time. However, under Section9 of the Indian Post Office Act certain concessions are extended for publication consisting whole or in greater part of political or other news or articles relating thereto or to other current topics. It is also deemed to be a newspaper under Clause 139 of Post Office Guide and Section 9 of the Post Office Act, 1898. ( 3 ) THE case of the petitioner is that it is publishing the current topics for the development of health and for the development of mental and physical faculties of human beings. But however, the concessional tariff is not being extended on the ground that it is not publishing the political news as required under Clause 139 of the Post Office Guide, therefore, the petitioner submits that the magazine is entitled for concessional tariff. ( 4 ) HOWEVER, in the counter it is stated that the petitioner has not published the articles which fall under Clause 139 of the Post Office Guide and, therefore, it is not entitled for concessional tariff. ( 5 ) I have heard the respective contentions. The learned counsel for the petitioner submits that the entire magazine is devoted for yoga, science and also the health related articles both which have direct bearing on mental and physical capabilities. Under Clause 139 of the Post Office Guide the concession is eligible if the publication consists wholly or in greater part of political or other news or articles relating thereto or to other current topics. Admittedly, the magazine is registered by the appropriate authority and it cannot be said that the magazine does not fall within the category of newspaper. Under Clause 139 of the Post Office Guide the concession is eligible if the publication consists wholly or in greater part of political or other news or articles relating thereto or to other current topics. Admittedly, the magazine is registered by the appropriate authority and it cannot be said that the magazine does not fall within the category of newspaper. The requirement for concession is that the publication should consist wholly or in greater part of political or other news or articles relating thereto or to other current topics. In the instant case though the journal did not contain political news but other current topics are completely covered by the magazine i. e. , publication of yoga science and other articles for the development of mental and physical capabilities of human beings. Therefore, it cannot be said that such a publication does not deal with the current topics. Such a publication cannot be termed as religious journal; on the other hand it contained articles of day-to-day requirement for inculcating more discipline in human and humanity. Therefore, the impression gained by the respondent is completely misconceived and run counter to the very clause namely Clause 139 of the Post Office Guide. ( 6 ) IN the circumstances, the Writ Petition is allowed. The respondents are directed to extend the concessional tariff to the petitioner treating it as a newspaper governed by Clause 139 of the Post Office Guide. No costs. Petition allowed.