M. JAGANNADHA RAO, J.

( 1 ) IN these writ petitions common question arise for consideration and can be disposed of together.

( 2 ) THE disposal of these writ petitions depends upon the provisions of the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, the Radio, Television and Video Cassette Recorder Sets (Exemption From Licensing Requirements) Rules, 1985, the Indian Wireless Telegraphy (Possession) Rules, 1965, the Commercial Broadcast Receiver Licensing (Dealers) Rules, 1965 and the Wireless Receiving Apparatus Rules 1965 and other notifications and proceedings issued by the Central Government, as well as the provisions of the Indian Copyright Act 1957 and the Rules made thereunder and also the provisions of the Cinematograph Act and the Rules made by the State Government thereunder.

( 3 ) THE petitioners in each writ petitions are groups or associations of persons. They have joined together for purchasing a Disc (or Dish) antenna, an amplifier and a V. C. R. for use for two purposes, firstly to convey better images of the pictures broadcast by Doordarshan and secondly for broadcasting the programmes recorded in pre-recorded cassettes. The Disc antenna, the amplifier attached to it, the V. C. R. and the cable-system connecting the above to the individual T. Vs. of the members of the group are all common property. However, the individual T. Vs. in the houses of the members of the group located in or across the town are owned separately by each of the members. In each writ petition, the common property is owned by an association or group. The members initially pay a substantial amount running into thousands of rupees for purchase of the common property. They also make a monthly payment for the broadcast of not only the Doordarshan programmes effectively throughout the cable system but also for the pre-recorded cassette programmes. The cassettes are generally hired from the market. The associations have not been paying any entertainment tax or any fee under Act or Rule. They have merely obtained permission of the Municipalities or Panchayats, as the case may be, for spreading the cables across the town or village by using poles.

( 4 ) I shall now explain in detail the two types of programmes for which the disc antenna, the amplifier, the cable, the V. C. R. and cassettes are used. (A) The first type of programme that is conveyed is as follows :- the disc antenna is used for the purpose of receiving the images from the atmosphere as broadcast by the Doordarshan and then the images are amplified by means of an amplifier which is attached to the disc antenna. The above process involves the re-production of better magnetic waves which can be transmitted to the individual T. V. thereby the Doordarshan T. V. programmes can be viewed with greater clarity. The amplifier is connected by way of the cable system to the individual T. V. in the houses of the members of the associations or groups. I may here state that during the initial hearings of the case, the petitioners counsel tried to make a submission that so far as the Doordarshan programmes are concerned, the cable system is not used and that the disc antenna merely receives the images from the transmitter installed by the Government and conveys the same through the air. But at the last hearing of the case when officials of the Doordarshan were also present in the Court. the learned counsel for the petitioners conceded fairly that the disc antenna can receive not only the images from the transmitter installed by the Government but can also receive images directly from the Satellite to some extent. He further conceded that the images of the Doordarshan programmes so received are amplified by the amplifier and transmitted through the cablesystem which runs along the town to the individual T. V. set of the members. Two important things to be noted here is the capability of the disc antenna to receive the images directly from the Satellite and the communication of th

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