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2016 Supreme(Tri) 2

S.TALAPATRA
Dishnet Wireless Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Dr. Ashok Kr. Saraf, Senior, Advocate, Mr. Sunil Jain, Advocate, Mr. Amit Goyal, Advocate, Mr. Koushik Roy, Advocate
For the Respondent: Mr. A. Roy Barman, CGC

JUDGMENT :

By means of this writ petition, the petitioner has challenged the validity and legality of the clause 5.1 and the clause 10(2) (ii) of the license agreement and the circulars dated 24.12.2008 (No.800-52/2008-VAS-III (Part), 23.03.2009 (No.842- 725/2005/157), 08.02.2011 (No.800-20/2010-VAS) issued by the Access Services Cell, Government of India.

2. The petitioner is a limited company incorporated under the Companies Act, 1956 and it provides GSM, Mobile Telephony Broad Band Services in several States, pursuant to the license granted by the respondent No.1, a sample copy of which is available at Annexure-1 to the writ petition. The said license has admittedly been granted under the provisions of Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933. Having the license granted in its favour, the petitioner made investment for providing the services in terms of the said license. The respondent No.1 is authorized by Section 4 of the Indian Telegraph Act, 1885 to grant Unified Access Services License in the specified service areas. It is also not in dispute t

































































































































































































































































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