GOVINDBHAI PREMJIBHAI CHOVATIA Vs. CHIEF GENERAL

JUDGEMENT

(1.) The challenge in the writ petition, which has been dismissed by the learned single Judge and against the dismissal of which the present Letters Patent Appeal has been filed, is to the correctness of the demand raised by the Department of Telecommunications.

(2.) Briefly stated the facts are that the appellant was given a public booth, commonly known as S.T.D./P.C.O. Centre. When the bill for the period from 1- 4-1994 to 11-4-1994 was received, the appellant raised a complaint and according to the appellant, the demand which was made was very high. It was alleged that the representation of the appellant and other S.T.D./P.C.O. Centre holders was wrongly rejected by the authorities concerned.

(3.) Being aggrieved a writ petition, being Special Civil Application No. 5399 of 1994 was filed in this Court, wherein the learned single Judge of this Court vide order dated 17th August 1994, permitted the appellant to make representation and to produce the documentary evidence in support of his contentions. According to the appellant, the daily collection sheets of the appellant showed the amount different from what was sought to be claimed by the department from the appellant. It is pertinent to note that the daily collection sheets are maintained by the appellant whereas, according to the respondents, the billing is done on the basis of the meter reading in the automatic electronic exchange, which has recently started operation from March 1994. The learned single Judge by the said order dated 17th August 1994 permitted the respondents to recover 25% of the amount claimed, but the current bills were to be paid by the appellant.