USHODAYA PUBLICATIONS P LIMITED Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition the petitioner challenges the validity of G.O. Ms. No. 572, General Administration (I.P.R.) Department dated 10-8-1979 by which all advertisements of Government Departments, Public Sector Undertakings and Government Companies are directed to be released only by the Director, Information and Public Relations to the various newspapers keeping in view the subject-matter of the advertisement.

(2.) The Ist petitioner Ushodaya Publications (Private) Limited, owns a leading Telugu daily "EENADU", which is published from Hyderabad, Visakapatnam and Vijayawada. The 2nd petitioner is the Chairman of the Board of Directors of the Ist petitioner company and is the printer and publisher of Eenadu. Eenadu was started in the year 1974 and within a period of five years it has reached a daily circulation of over two lakhs which, according to the petitioner is the highest circulation for a newspaper in the State.

(3.) As the prayer in the Writ Petition is to quash the said Government Order by the issuance of a writ of certiorari or any other appropriate writ, it is necessary to set out G.O. Ms. No. 572 in full and it reads thus ; "G. O. Ms. 572 Dated 10-8-1979. ORDER 1. As per the existing practice, all the Government Departments except the Irrigation and Power Department including projects wing are issuing advertisements only through the Director, Information and Public Relations. The bills in respect of advertisement charges for all the Departments except the Irrigation and Power Department including Projects wing are being settled by the Director, Information and Public Relations out of the budget provision made under the Major Head 285-Information and publicity. As regards the public sector undertakings Government Companies, all advertisements are, at present being issued by them direct to the newspapers without the media of the information and Public Relations Department. The bills in respect of advertisements are also being settled by the respective Corporations/Companies. 2. Government have reviewed this practice and have now decided that, all advertisements of Government Departments/Public Sector Undertakings/Government Companies should hereafter be released only by the Director, Information and Public Relations Department. It has also been decided that the present practice of the Departments indicating the newspapers in which the advertisements should be published should be discontinued. The Directorate of Information and Public Relations will release the advertisements to the various newspapers keeping in view the subject matter of the Advertisements. 3. The Irrigation and Power Department, including Projects wing, who are at present issuing advertisements direct to the newspapers are requested to issue suitable instructions to all the officers under its control, including those who are specially delegated powers for issue of such advertisements, to stop forthwith release of advertisements, direct to the newspapers and periodicals. The Irrigation and Power Department including Projects wing are also requested to take immediate action for the transfer of provision made in its departmental budget towards advertisement charges to Major Head 285-Information and Publicity, in consultation with the Finance and Planning Department. 4. & 5. xx xx xx 6. The Andhra Pradesh State Road Transport Corporation and other Corporations which have empowered their Regional Officers to release advertisements are requested to issue necessary directives to all such officers immediately to stop issue of advertisements directly on behalf of the Corporation. All the Departments of Secretariat are requested to issue suitable instructions to the Corporations/Companies under their administrative control for strict compliance of the above orders and mark copies thereof to this Department for reference and record. 7. This order issued with the concurrence of Finance and Planning vide their U. O. No. 2319/FPSP, dated 9-8-1979. (By order and in the name of the Governor of Andhra Pradesh) Sd. S. R. Rama Murthy, Chief Secretary to Government