GULSHAN KUMAR Vs. COLLECTOR GHAZIABAD

JUDGEMENT

(1.) By this petition, and the facts averred in it, the Court was led to pass an ad interim order on 21/09/1993, as the petitioner had contended that the recovery certificate, issued by the Collector, Ghaziabad on the initiative of the Union of India, the Department of Telecommunication, was illegal, without jurisdiction and irregular and the petitioner was a total stranger to the recovery proceedings initiated against him, as he had nothing to do with the amount being realised under the recovery certificate issued under the U. P. Public Moneys (Recovery of Dues) Act, 1972. A short resume' of facts is given in the writ petition to suggest that the recovery certificate is connected with a Public Call Office/ Subscriber Trunk Dialling (hereinafter referred to as 'PCO/ STD') connection on a licence was issued to the Messers D. G. Associates, Ghaziabad which, otherwise, is a proprietorship business of one D. P. S. Malik, and that the petitioner has nothing to do with the business and is an alien and an absolute stranger to the licence which may have been granted by the Department of Telecommunication, on the business being run by the firm, aforesaid, through its proprietor, D. P. S. Malik.

(2.) The contention before the Court was that there being absolutely no nexus at all between the petitioner and the PCO/STD business which was being run under a licence by the firm, aforesaid, through its proprietor, as named above.

(3.) The Court had called upon the Senior Standing Counsel for the Union of India to examine this matter and find out whether what the petitioner contends is correct and specifically give information to the Court that the recovery certificate, as the petitioner contends, has anything to do with the petitioner, Gulshan Kumar, as he so states in the writ petition.