LAWS(GJH)-1976-7-8

BARODA GOODS TRANSPORT SERVICE Vs. UNION OF INDIA

Decided On July 08, 1976
BARODA GOODS TRANSPORT SERVICE Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appellant who will hereinafter be referred to as the petitioner is a partnership firm and it carries on business of transport of goods since 1950. Its area of operation is Western India and it has its head office at Baroda.

(2.) Two persons namely Dahyabhai Himatlal Shah and his brother Vadilal Himatlal Shah were the managing partners of the petitioner firm Both these persons were detained under MISA in September 1974 and at present their detention is continued under COFEPOSA. However since their detention the business of the partnership firm is looked after by one Suresh Dahyabhai Shah who is the son of one of the managing partners and their constituted attorney.

(3.) There is a telephone connection at the petitioner-firms head office at Baroda since last about twelve years. By a letter dated February 26 1976 (Exhibit A) the petitioner was informed by the Divisional Engineer Telephones Baroda Division Baroda that its telephone connection to Baroda Auto Exchange was temporarily disconnected with immediate effect and that no rental would be charged for the period of disconnection if the disconnection exceeded seven days. The petitioner alleges that upon the receipt of this communication on March 1 1976 inquiries were made with the authorities as to why the telephone was disconnected and how long the disconnection was to continue- According to the petitioner it was informed that the disconnection was for an indefinite period and that the action was taken under the orders of the superior authorities. On March 6 1976 the petitioner wrote a letter (Exhibit B) to the Divisional Engineer requesting him to restore the connection. Since the request was not complied with and the disconnection continued the petitioner filed the present petition on March 8 1976 against the Union of India and the Divisional Engineer Telephones Baroda for a writ quashing and setting aside the order of the concerned authorities disconnecting the telephone and for a direction to restore the telephone connection