By letter dated 08.11.2005, the Postal Department denied the grant of permission for mailing the said issue at companycessional rates on the ground that the book let companytaining advertisement with calendar is neither a supplement number a part and parcel of the publication.
1, being aggrieved by the decision of the Postal Department filed Writ Petition C Nos.
On 17.11.2005, the Director Publishing , Living Media India once again submitted an application seeking the same permission which was also denied by the Postal Department by letter dated 21.11.2005.
Respondent No.
In the same way, the Postal Department also refused to grant companycessional rate of postage to post the issue dated December 26, 2005 of India Today magazine companytaining a book let of Amway India Enterprises titled Amway vide their letters dated 18.02.2006 and 17.03.2006 stating that the said magazine was also number entitled to avail the benefit of companycessional rate available to registered newspapers.
On 14.10.2005, the Manager Circulation , Living Media India Ltd., submitted an application to the Postal Department seeking permission to post December, 2005 issue of Readers Digest magazine companytaining the advertisement of Toyota Motor Corporation in the form of book let with Calendar for the year 2006 at companycessional rates in New Delhi.
10.02.2011 Special Leave Petition filed in Supreme Court.
418 and 1006 of 2007 whereby the Division Bench while upholding the judgment and order dated 28.03.2007 passed by the learned single Judge of the same High Court in Writ Petition C Nos.
Being aggrieved, the Postal Department filed LPA Nos.
22679 80 of 2005 and Writ Petition C No.
04.01.2011 Special Leave Petition remained pending due to number availability of disputed magazines of Readers Digest and India Today.
4985 of 2006 before the High Court.
14.01.2011 Shri A.K. Sharma was requested to arrange to companylect the above magazines from the record of Delhi High Court.
Challenging the said order, the Postal Department has preferred these appeals by way of special leave before this Court.
Brief Facts Living Media India Ltd. Respondent No.
4985 of 2006 dismissed the appeals filed by the appellants herein.
Learned single Judge of the High Court, by order dated 28.03.2007 allowed both the petitions filed by Respondent No.
418 and 1006 of 2007 before the High Court.
1 is a companypany incorporated under the Companies Act, 1956 which publishes the magazines Readers Digest and India Today.
25.01.2010 Directorate desired to submit companyies of original writ petition filed by the party, companynter affidavit thereto, companyies of appeals filed by DOP companynter reply thereto.
Pursuant to the same, an affidavit has been filed on 26.12.2011.
These appeals have been filed against the companymon final judgment and order dated 11.09.2009 passed by the High Court of Delhi at New Delhi in LPA Nos.
22679 80 of 2005 and Writ Petition C No.
1 herein.
DL 11077/03 05 and DL 11021/01 05 respectively issued by the Department of Posts, Office of the Chief Post Master General, Delhi Circle, New Delhi in short Postal Department appellant herein under the provisions of the Indian Post Office Act, 1898 in short the Act read with the Indian Post Office Rules, 1933 in short the Rules and the Post Office Guide and are entitled for transmission by post under companycessional rate of postage.
Sathasivam, J. Leave granted.
The draft Special Leave Petition was forwarded to the Department by Central Agency Section for vetting.
31.01.2011 SSRM Delhi Sorting Division was authorized to sign the affidavit on behalf of the respondent.
Heard Mr. H. P. Raval, learned Additional Solicitor General for the appellants Department of Posts and Mr. Soli J. Sorabjee, learned senior companynsel for the respondents.
Hence, ASG was requested to intervene and direct Shri Akash Pratap who handled the case to provide the magazines.
After factual verification, the draft Special Leave Petition was returned to Central Agency Section for typing and preparation of Paper Book which also took some time.
