IMPORTANT POINT
Condonation of delay is an exception and should not be used as an anticipated benefit for government departments.

JUDGMENT

P. Sathasivam, J.

1) Leave granted.

2) The following issues arise for consideration:

a) Whether the Office of the Chief Post Master General has shown sufficient cause for condoning the delay of 427 days in filing SLPs before this Court.

Depending on the outcome of the above issue, other issues to be considered are:

b) Whether the impugned advertisement inserted in the Reader’s Digest issue of December, 2005 is in conformity with the requirement of law.

c) Whether the Department has made out a case for interference under Article 136 of the Constitution of India to reopen concurrent findings of fact rendered by the High Court.

3) These appeals have been filed against the common final judgment and order dated 11.09.2009 passed by the High Court of Delhi at New Delhi in LPA Nos. 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. 22679-80 of 2005 and Writ Petition (C) No. 4985 of 2006 dismissed the appeals filed by the appellants herein.

4) Brief Facts:

(a) Living Media India Ltd.-Respondent No. 1 is a company incorporated under the Companies Act, 1956 which publishes the magazines “Reader’s Digest” and “India Today”. These magazines are registered newspapers vide Registration Nos. 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 concessional rate of postage.

(b) 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 Reader’s Digest magazine containing the advertisement of Toyota Motor Corporation in the form of book-let with Calendar for the year 2006 at concessional rates in New Delhi. By letter dated 08.11.2005, the Postal Department denied the grant of permission for mailing the said issue at concessional rates on the ground that the book-let containing advertisement with calendar is neither a supplement nor a part and parcel of the publication. 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.

(c) In the same way, the Postal Department also refused to grant concessional rate of postage to post the issue dated December 26, 2005 of “India Today’ magazine containing 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 not entitled to avail the benefit of concessional rate available to registered newspapers.

(d) Respondent No. 1, being aggrieved by the decision of the Postal Department filed Writ Petition (C) Nos. 22679-80 of 2005 and Writ Petition (C) No. 4985 of 2006 before the High Court. Learned single Judge of the High Court, by order dated 28.03.2007 allowed both the petitions filed by Respondent No. 1 herein.

(e) Being aggrieved, the Postal Department filed LPA Nos. 418 and 1006 of 2007 before the High Court. The Division Bench of the High Court, vide common final judgment and order dated 11.09.2009, while upholding the judgment of the learned single Judge, dismissed both the appeals. Challenging the said order, the Postal Department has preferred these appeals by way of special leave before this Court.

5) Heard Mr. H. P. Raval, learned Additional Solicitor General for the appellants-Department of Posts and Mr. Soli J. Sorabjee, learned senior counsel for the respondents.

Delay in filing the SLPs:

6) Since learned senior counsel for the respondents seriously objected to the cond