M.Y.EQBAL, J. - (1.) THE petitioner, namely, Steel City Cable Network, has filed this writ petition for quashing the order dated 9.6.2004 issued under the signature of Subdivisional Officer, Dalbhum, Jamshedpur whereby he has purported to divide the areas within which cable television network can be operated by the cable operators.
(2.) THE facts of the case lie in a narrow compass: The petitioner applied for registration under the provisions of the Cabile Television Network (Regulation) Act, 1995 (the said Act) for running cable television network within the area of Jamshedpur Notified Area Committee and Mango and the Registering Authority granted registration to the petitioner as Cable Operator and a Certificate of Registration bearing No. 239/9F under Rule 5 was issued in favour of the petitioner authorizing it to run cable television network within the area of Jamshedpur Notified Area Committee and Mango. It is stated by the petitioner that the Cable Television Network was running smoothly and effectively to the satisfaction of all the subscribers but the Sub -Divisional Officer, Dalbhum, Jamshedpur, without any authority of law, issued the impugned order purported to divide the areas between the different cable operators whereby coverage area of the petitioner has been drastically reduced. Respondent Nos. 2 and 3, in their counter -affidavit, have stated that Jamshedpur city is a highly populated city and a very large number of cable operators are there and disputes arise as every cable operator wants to increase his coverage are a by using money and muscle power which resulted in the murder of two cable operators i.e. Maxwell Macheel and Mohan Singh. Therefore, for maintenance of law and order in the city it was essential to divide the areas between the various cable operators. This division was suggested in the interest of law and order. It was also found during enquiry that most of the cable operators unauthorisedly run cable operation.
(3.) MR . P.K. Prasad, appearing on behalf of the petitioner assailed the impugned order as being Illegal and wholly without jurisdiction. Learned Counsel firstly submitted that the Sub -Divisional Officer or the Deputy Commissioner have got no jurisdiction under the Act to issue such order. According to the learned Counsel the Registering Authority appointed by the notification of the Central Government is the only competent authority to curtail, divide or bifurcate the areas for operation of television network. Learned Counsel drawn my attention to relevant provisions of the said Act and submitted that the impugned order is totally de hors the provision of the Act and the rules made there under and, therefore, it is wholly without jurisdiction.;