ROOP LAL MAKKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of Civil Writs 1209/72, 1253/72, 1254/72 and 1290/72. Petitioners in all these petitions have assailed the order dated November 27, 1972/December 4, 1972, passed by the Administrator under section 5(1) of the Indian Telegraphs Act, 1885 (hereafter called "the Act") taking over temporary possession of the telephones installed in their names in various rooms of Coronation Hotel Building, Fatehpuri, Delhi. The questions involved in all the petitions being similar, they were heard together. For purposes of this order, facts of civil writ petition No. 1209/72 may be stated :

(2.) The petitioner contends that this order is illegal and contrary to law for reasons stated in the petition and may, therefore, be quashed and order or direction in the nature of mandamus be issued directing the respondents to restore possession of both the telephones. He has further prayed that section 5 of the Act be declared ultra vires of Articles 14, 19 (l)(f) and (g) and 31 of the Constitution of India. The latter prayer, however, was not pressed at the time of arguments.

(3.) Respondents to the petition are Delhi Administration, Administrator Delhi, Union of India and A. K. Singh as respondents 1 to 4 respectively.