JUDGEMENT : (Per Justice Manish Pitale)

. The petitioners are cellular mobile service operators, aggrieved by imposition of one-time spectrum charge in the year 2012 for spectrum held above 6.2 MHz from the year 2008 onwards. The petitioners claim that the respondent Union of India has no power to impose such one-time spectrum charge and that too retrospectively. The petitioners emphasize that neither is such source of power found in the relevant statutory provision i.e. Section 4 of the Telegraph Act, 1885 nor is it found in the license agreements for allocation and use of spectrum executed between the petitioners and the said respondent from time to time.

2. The petitioners claim that such imposition of one-time spectrum charge is, therefore, rendered unsustainable. It is relevant to note that in both the petitions, upon a prima facie view being taken in the matter, this Court had granted interim relief in favour of the petitioners. Upon completion of pleadings and submission of written notes of arguments along with convenience compilation of documents, the petitions are taken up for final hearing and disposal.

3. Rule. Rule made returnable forthwith and with the conse