Decided on September 03,2012

Vikram Singh Sajwan Appellant
State of Uttarakhand and others Respondents


Sudhanshu Dhulia, J. - (1.) THE petitioner running a business of Cable Television Network in Uttarakhand and also runs a local channel. A licence fee as well as an additional licence fee has been imposed by the State of Uttarakhand on the petitioner under Uttar Pradesh Cinema (Regulation of exhibition by means of Video) Rules, 1988. Consequently, since the petitioner has not paid the additional licence fee, recovery proceedings have been initiated against the petitioner for the years 2010 -11 and 2011 -12 amounting to Rs. 4,16,400.00 (in total). The fact of the matter is that this issue was challenged by another petitioner before this Court challenging the validity and legality of charge of additional licence fee from the petitioner. Earlier a Writ Petition No. 671 of 2010 wherein the learned Single Judge dismissed the petition vide order dated 11.05.2010. Consequently, the petitioner went in Special Appeal before this Court and the said appeal was allowed and it was held therein that such additional licence fee cannot be charged from the petitioner. This order was challenged by the State of Uttarakhand in Special Leave to Appeal before the Hon'ble Apex Court wherein the judgment and order of the Division Bench of this Court was stayed, subject to payment of 50% of the amount. The said order of the Hon'ble Apex Court reads as under: - The respondent has filed this present application pursuant to the recovery certificate dated 6/8/2011, issued by the Additional District Magistrate, Haridwar. Considering the grievance expressed, there shall be an order of stay of execution of the recovery certificate No. 19/Entertainment Tax Section/RC/2011 -12 dated 6/8/2011, subject to payment of 50% of the amount demanded within a period of four weeks from today failing which the stay order shall stand vacated automatically. LA. No. 2 is accordingly disposed of.
(2.) NOW since the matter of additional licence fee is pending before the Hon'ble Apex Court, it is deemed fit and proper that the recovery shall remain stayed if the petitioner deposits 50% of the amount charge with the concerned authorities within a period of one month from today and continue to deposit 50% of the additional licence fee as and when the same is charged from the petitioner. Meanwhile, respondents shall file counter affidavits within a period of three weeks. Rejoinder affidavit thereto, if any, be filed within three weeks thereafter. List the matter after seven weeks in the daily cause list.;

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