YAKESH ANAND Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) CM No. 9538/2012 (for revival of the writ petition).

(2.) THIS application has been filed by the petitioner for revival of this writ petition filed as public interest litigation and which was disposed of vide order dated 29th February, 2012. The writ petition was filed seeking a direction to the Union of India (UOI) to restrain the licensees of 3G services from providing the said services in circles for which they do not hold the 3G license by entering into agreements with others. Notice of the writ petition was issued. Soon after the writ petition was filed, UOI vide order dated 23rd December, 2011 instructed the concerned service providers to stop the provision of 3G services in all such service areas where they were providing such services under Intra Service Area roaming agreements. The said service providers challenged the said order of UOI before the Telecom Disputes Settlement Appellate Tribunal (TDSAT) which vide interim order in those proceedings restrained UOI from taking any coercive steps against such service providers. The writ petition was disposed of noticing that the said proceedings before the TDSAT were at an advance stage. Liberty was however given to the petitioner to apply for revival of the petition, depending upon the final orders of the TDSAT.

(3.) WHEN this application came up before this Court on 22nd August, 2012 the petitioner further pointed out that since there was no third member of TDSAT, there was no likelihood of the aforesaid imbroglio being resolved at an early date. We had in the circumstances requested the learned ASG to find out as to when the third member of TDSAT was going to be appointed. This Court was on 5th September, 2012 informed that recommendations for appointment had been made by the Selection Committee and the matter was pending at the level of the Ministry.