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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 379 of 2016
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Harmeet Singh, son of Late Santosh Singh Namdhari, resident of Belwatika, Post Daltonganj, Police Station Daltonganj, Dist. Palamau ...Petitioner
Versus
1. The State of Jharkhand
2. The Principal Secretary, Department of Land & Revenue, Government of Jharkhand, Ranchi, Officiating from Project Bhawan, Post Dhurwa, Police Station Jagarnathpur, Dist. Ranchi
3. The Deputy Commissioner, Palamau officiating from Daltonganj, Post Daltonganj, Police Station Daltonganj, Dist. Palamau
4. The Nodel Officer-cum-Additional Collector, Palmau officiating from Daltonganj, Post Daltonganj, Police Station Daltonganj, Dist. Palamau
5. Union of India through the Principal Secretary, Ministry of Information & Broadcasting officiating from the Shastri Bhawan, Post GPO, Police Station New Delhi, Dist. New Delhi-110001
6. Telecom Regulatory Authority of India (TRAI) through its Chairperson officiating from Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, Post Parliament Street, Police Station Parliament Street, Dist. New Delhi 110002
... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : Mrs. Ritu Kumar, Advocate : Mr. Vikash Kumar, Advocate
: Mr. Samavesh Bhanj Deo, Advocate For the Respondent-State : Mr. Atanu Banerjee, G.A. -------
03/29.01.2016 Referring to an order in W.P.(C) No. 24 of 2016 titled
"Gentle Entertainment Private Limited and Another Vs. Union of India and Another" passed by the Hon'ble High court of Chhatisgarh, Mrs. Ritu Kumar, the learned counsel for the petitioner submits that due to unavailability of the Set-Top Box, though the petitioner has already deposited more than Rs. 15 Lacs with Indus Cable, the mandate under the Cable Television Network (Regulation) Act, 2013 has not been strictly complied by the petitioner and the petitioner may be granted three months' time for ensuring compliance of the direction issued by the Nodal Officer.
2. Opposing the prayer of the petitioner, Mr. Atanu
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Banerjee, the learned G.A. submits that, the Nodal Officer is under a duty to ensure digitization of the Cable Television Network and the provisions under Cable Television Networks (Regulation) Act, 2013 which is a Central Legislation and therefore, no fault can be found with the impugned notice dated 11.01.2016.
3. Mr. Rajiv Sinha, the learned A.S.G.I also opposes the prayer in the writ petition.
4. Considering the orders passed by the Hon'ble High Court of Andhra Pradesh and the Hon'ble High Court of Sikkim, two months' time was granted to the applicant in W.P.(C) No. 24 of 2016 (supra) by the Hon'ble Chattisgarh High Court. In view of the bonafide of the petitioner reflected in deposit of more than Rs. 15 Lacs with Indus Cable, the petitioner is also granted further time till 31.03.2016 for complying with order contained in notice dated
12.01.2016.
5. The writ petition stands disposed of.
(Shree Chandrashekhar, J.)
Amit/N.A.F.R.