UNION OF INDIA Vs. S J PANDIT

JUDGEMENT

(1.) Writ Appeal No. 851/96 is at the instance of respondents in O.P. No. 8761/96. Petitioners in O.P.No. 8 761/96 is the petitioner in O.P.No. 14587/95. Since the issue raised in both matters are same, we consider it advantageous to dispose of these matters by this common judgment.

(2.) Short facts necessary for disposal of the appeal and Original Petition are as follows: Writ petitioner Shri. S.J. Pandit is a subscriber of telephone Nos. 445431 and - 445463 of Kayamkulam Telephone Exchange. Subscription and rent in respect of telephone No. 445431 happened to fall in arrears. As on 16.6.1996, the arrears in respect of that phone, according to the Department, is Rs. 1,11,672/-. Disputing the amount claimed by the Department for the period from 26.9.1994 to 25.11.1994, writ petitioner moved O.P. No. 17852/94. This court directed that dispute to be referred to arbitration. Arbitrator by award dt. 14.7.1995 came to the conclusion that the amount of Rs. 27,214/- claimed in respect of the said period by bill dated 11.12.1994 is correct and that the subscriber is not entitled to any reduction. Award passed by the arbitrator is under challenge in O.P.No. 14587/95.

(3.) As stated earlier, arrears in respect of telephone No. 445431 held by writ petitioner was Rs. 1,11,672/- as on 16.6.1996. Writ petitioner is a subscriber of another telephone bearing No. 445463 of Kayamkulam Telephone Exchange. In relation to that telephone, a claim of Rs. 1,861/- was made towards rental and call charges for the period from 26.2.1996 to 11.4.1996. On account of the non payment of the said amount as also on account of arrears in relation to telephone No. 445431, Telephone Authorities disconnected telephone No. 445463. Questioning the said action of the Telephone Authorities, writ petitioner moved O. P. No. 8761/96. Learned single Judge disposed of that original Petition by directing the respondents, viz., Telephone Authorities to re-' connect telephone No. 445463 after receiving the amount covered by the bill, viz., Rs. 1,861/-. Aggrieved by the said direction, Telephone Authorities have preferred Writ Appeal No. 851/96.