LAWS(GJH)-2009-12-78

JASHWANTLAL R SHAH Vs. DEPARTMENT OF TELECOMMUNICATIONS

Decided On December 18, 2009
JASHWANTLAL R SHAH Appellant
V/S
DEPARTMENT OF TELECOMMUNICATIONS Respondents

JUDGEMENT

(1.) BY way of present petition, the petitioners have inter alia prayed as under : "11 (A) This Hon'ble Court may be pleased to issue a writ mandamus and/or any other appropriate writ, order or direction in the nature of mandamus and further be pleased to quash and set aside the order dated 23. 12. 2002 passed by the respondent authority directing the petitioners to clear the dues of Chirag Rasiklal Shah, and further be pleased to quash and set aside the direction of the respondent authority shown at Annexure-A to the petition;"

(2.) THE facts of the case, if put in nutshell, are as under : 2. 1 Chirag Rasiklal Shah, brother of the petitioners, is a proprietor of Khyati Trading House and is the subscriber of Telephone Nos. 7540407 and 7545365. The said firm of Mr. Chirag Shah could not make payment towards Telephone No. 7540407. Therefore, the said telephone connection as well as other telephone connections were disconnected by the respondent-authority.

(3.) MR. Y. N. Ravani, learned advocate for the petitioners, has placed on record a copy of the decision of this Court in a similar case rendered on 21st October 2005 in Special Civil Application No. 4932 of 1997 in the case of Jaswantlal R. Shah v. Department of Telecommunications, and relying upon the said decision, it is submitted that this petition may be allowed accordingly since the facts and grounds raised in the present petition are much less similar to the above cited case.