- (1.) This petition has been filed by the Editor of Hindi Monthly Magazine 'Drishtant' contending that the action taken by the fifth respondent under the impugned order dated 5th October, 2015, is an act of undue haste and in violation of principles of natural justice as well as in violation of the mandatory and statutory provisions of Section 8B of the Press and Registration of Books Act, 1867.
(2.) The facts in short bereft of any details are that the petitioner is required to comply with the provisions of Section 5 of the aforesaid Act and has to make a declaration to the effect that the Magazine is being printed through the notified and declared printers and publishers. The action appears to have been taken on the ground that this contingency has been violated and that the petitioner has been unable to establish in his show cause that the printing of the Magazine was as per the declaration made. Consequently, the orders passed earlier in favour of the petitioner on 8th April, 2015 and the certificate of registration dated 10th July, 2015 have been withdrawn alleging that the petitioner had obtained the said orders without informing the competent authority about such violation.
(3.) Sri C.B. Pandey, learned counsel for the petitioner contends that Section 8B is a categorical provision which leaves no room for doubt that the action of cancellation of such declaration has to be undertaken after the competent Magistrate forms an opinion on the basis of material received that a proposed action is warranted and for that the concerned person has to be put to notice for showing cause against the action so proposed to be taken. This has to be done followed by the holding of an enquiry and then passing of an order.;