Mehrotra, J. - (1.) This is an application under Article 226 of the Constitution praying that (1) a writ of mandamus be issued directing the opposite parties, who are the Post Master General, U.P. Lucknow and the Sub-Post Master, Hathras District, to treat "Sangeet" (a magazine published by the petitioner) as a registered newspaper within the meaning of the Post Office Act, (2) a writ of certiorari be issued quashing . the order dated 2-3-1955, cancelling the registration number of "Sangeet", (3) a writ of mandamus be issued directing the opposite parties to restore the registration number of "Sangeet".
(2.) The applicant Kali Charan Garg is the manager of the Sangit Karyalaya which publishes a monthly magazine known as "Sangeet". The allegations of the petitioner in his affidavit are that the said magazine is devoted to the science and art of Indian music. The said magazine started publication in 1935 and since then has been published regularly every month. The magazine was registered as a newspaper for the purposes of paragraph 74 of the Post and Telegraph Guide in 1935. The registration number which was assigned to it was A2663, and since then registration has been renewed from year to year till 1955. The registration number was changed in 1940 to A-194. Renewal for the year 1955 was granted by the postal authorities by their letter dated 21-12-1954. A subsequent letter dated 18-2-1955 was sent by the Sub-Post Master, Hathras asking the applicant to supply four copies of the latest issue of the magazine to the Post Master General, Lucknow. On the same date four copies of the latest issue of the magazine were supplied to the Post Master General through the Sub-Post Master, Hathras. By another letter dated 2-3-1955, the Post Master General informed the applicant that the registration of "Sangeet" has been cancelled as it did not conform to the requirements of Section 9, Post Office Act, and Clause 74 of the Post and Telegraph Guide, Thereafter several representations were made by the applicant to the Post Master General about the cancellation but to no effect. For the last 20 years, it is urged, the postal authorities had been treating the magazine as conforming to the requirements of Section 9, Post Office Act, and the registration had been renewed from year to year. The magazine is published at intervals of not more than 31 days and has a monthly circulation of about 2,500 copies. There is a 'bona fide' list of subscribers of above 50-A magazine, which is registered for purposes of Section 9, Post Office Act, has certain privileges and concessional rates for such magazines, are provided in the Act.
(3.) A counter-affidavit has been filed on behalf of the opposite-party in which it is admitted that the magazine "Sangeet" is published usually at intervals of not more than 31 days. It is, however, stated that the deponent is not aware of the fact that it has a monthly circulation of about 2,500 copies. The main allegation is that the magazine does not comply with the requirements of Section 9, Post Office Act, and it was registered as a newspaper under a mistaken belief of the law. Sufficient opportunity had been given to the petitioner before cancelling the registration to publish the publication in conformity with the Act and on the petitioner's failure to do so, the Post Master General had no alternative but to cancel the registration.;