LAWS(KAR)-1997-4-35

LAXMANRAO B JAHAGIRDHAR Vs. TELECOM DISTRICT MANAGER GULBARGA

Decided On April 01, 1997
LAXMANRAO B.JAHAGIRDHAR Appellant
V/S
TELECOM DISTRICT MANAGER, GULBARGA Respondents

JUDGEMENT

(1.) THE present petitioner had entered into an agreement dated 28-1-1991 with the Government of India through Department of Telecommunication to maintain at this costs STD public telephone at the premises known as 'kranthi Complex', MSK Mill Road, Gulbarga. This agreement has been placed on record as Annexure III (A) to the statement of objections filed on behalf of the respondent. Persuant to the said agreement the petitioner was favoured with telephone connection bearing No. 21357. It appears that for non payment of the call charges collected by the petitioner within stipulated time the said telephone was disconnected in Nov. 1994. It also appears that even for the period of disconnection the petitioner has been served with the notice making him liable to pay the alleged minimum guarantee charges for the period Nov. 1994 to May 1996 amounting to Rs. 30,400/- (See Annexure 'k' ). The petitioner further wants, that, he should be permitted to shift the installation of the STD public telephone to a new place.

(2.) IN the said backdrop of facts , the petitioner had sought for three reliefs, namely; (i) restoration of telephone service; (ii) permission to install telephone at new premises; (iii) quashing of the alleged minimum charges claimed by the department.

(3.) FOR weighting rival contention in the context of the statutory provisions and the agreement entered into between the parties, I would first refer to Section 4 (1) of the Indian Telegraph Act, 1885 (in short 'the Act'), which reads as under :-@@"4. EXCLUSIVE PRIVILEGE IN RESPECT OF TELEGRAPHS AND POWER TO GRANT LICENCES- (1) Within India, the Central Government shall have the exclusive privilege of establishing, maintaining and working telegraphs :provided that the Central Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain, for work a telegraph within any part of India :provided. . . . . . . . . . . . . . . . . . . . . . . . . . (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "@@