ASHOK MUKHARJEE Vs. GENERAL MANAGER MTNL

JUDGEMENT

(1.) Rule. Petitioner seeks a writ of mandamus against the respondent Mahanagar Telephone Nigam Limited for reconnection of his telephone No. 714-4707. The said telephone is installed at premises No. B-4 /33A, Ashok Vihar, New Delhi, where the petitioner carries on the business of Annapurna Sweets and is lying disconnected. Petitioner states that the said telephone was disconnected on 1.12.1999, without any notice or their being any outstanding dues in respect of the said connection.

(2.) According to the respondents, the telephone was disconnected on the ground of non-payment of dues of telephone No. 684-6389, which is installed in the name of Ms. Bharti Mukherjee at 110, Ashram, New Delhi, who happened to be an relation to the petitioner. The said telephone was installed in the residential premises of Ms. Bharti Mukherjee.

(3.) Petitioner filed the writ petition in April, 2000 after there was no response to the legal notice dated 8.12.1999 served by the petitioner. The writ petition came up for hearing before the Court on 1.5.2000 when notice was issued. Counsel for the respondents accepted notice and undertook to file the counter affidavit within two weeks. Counter affidavit was not filed and further time of one week was granted on 10,8.2000 to file the counter affidavit.