Judgment

RAY, J. :- This writ petition is directed against an order dated 8 July, 1971 made by the District Magistrate Jammu.

2. The District Magistrate by the said order under Section 8B (ii) of the Press & Registration of Books Act 1867, referred to as the Act, cancelled the petitioner s declaration dated 23 April, 1971.

3. The petitioner is a citizen of India. He is a permanent resident of the State of Jammu & Kashmir. On 2 June, 1970 he made an application to the District Magistrate, Jammu for permission to start a weekly paper in English from Jammu. The petitioner in accordance with the rules under the Act gave a list of 11 names in order of preference. The first preference given by the petitioner was Blitzkrieg"

4. The petitioner on 9 February 1971 made a declaration under S. 5 of the Act giving particulars of the newspaper, the title of the newspaper, the language in which it was to be published as also the periodicity of the publication. A second declaration was given by the petitioner on 23 April, 1971. The second declaration was necessitated because of two changes. One was as regards the day of publication. It was shifted from Saturday to Tuesday. The other was with regard to the name of the printing press. The District Magistrate, under Section 6 of the Act, authenticated the declaration made by the petitioner. A declaration made under rules laid down in S. 5 and authenticated under Section 6 shall be necessary before the newspaper can be published.

5. The first issue of the petitioner s weekly paper was published on 20 March, 1971.

6. Some time in the month of July 1971 the petitioner was served with a notice dated 7 July, 1971 asking him to show cause why the declaration dated 23 April, 1971 might not be cancelled inasmuch as the petitioner s title of the weekly newspaper Blitzkrieg was similar to that of Blitz published from Bombay. The petitioner was asked to show cause by 8 August, 1971.

7. The petitioner came to know on 16 July 1971 from the notice dated 13 July, 1971 served upon the Keeper of the Printing Press where the petitioner printed the issue of his paper that the declaration of the petitioner for Blitzkrieg had been cancelled by the District Magistrate, Jammu by an order dated 8 July, 1971.

8. The petitioner alleges the District Magistrate s displeasure with the petitioner. Though the District Magistrate in the notice dated 7 July, 1971 gave the petitioner one month s time till 8 August, 1971 to show cause, yet the District Magistrate cancelled the petitioner s declaration on 8 July, 1971.

9. The petitioner challenges the validity of the order. The petitioner alleges the order to be violative of his fundamental rights to carry on occupation, trade or business.

10. The District Magistrate in his affidavit alleged that in the notice dated 7 July 1971, the date 8 August, 1971 was a typing error. Therefore, by an order dated 8 November 1971 the notice was withdrawn and a fresh notice was served on the petitioner to show cause by 20 November, 1971 as to why his declaration should not be cancelled.

11. The petitioner obtained a rule on 2 August, 1971. It is apparent that the District Magistrate took the steps after the petitioner had exposed the wrongful and illegal acts.

12. The cancellation of the declaration is made under Section 8B of the Act. The Magistrate is to give a notice to the person concerned. An opportunity is to be given to show cause against the action proposed. An enquiry is to be held. An opportunity is to be given to the person concerned of being heard. If the Magistrate is thereafter satisfied that (a) the newspaper is published in contravention of the provisions of the Act or rules made thereunder, or (b) the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State, or (c) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such decl