DILBAG RAI MEHRA Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) RULE . Returnable forthwith.

(2.) MS . S.I. Shah, Advocate waives service for respondents 1 to 3. Mr. Dubay , Advocate waives service for respondent no.4.

(3.) THE petitioner no.1 is subscriber of respondent no.1 Mahanagar Telephone Nigam Limited (MTNL) having been allotted telephone no.6045309. The petitioners no.2 and 3 are also subscribers of MTNL having been allotted telephone no.6048503 and 6000686 respectively. Admittedly, the petitioners no.1,2 and 3 are not defaulters in respect of telephones allotted to them. However one Mrs. A.V. Mehra having been allotted telephone nos. 6041282 and 6057692 did not pay her telephone dues to MTNL and, therefore, both telephone connections given to her were disconnected for non payment of dues. According to MTNL, Mrs. A. V. Mehra has an outstanding amount of exceeding about Rs.1,07,000/ and the petitioners no.1, 2 and 3 have common link with Mrs. A.V. Mehra having common family name, staying in the same building and, therefore, the telephones allotted to them are liable to be disconnected for outstanding dues against Mrs. A.V. Mehra . MTNL, accordingly disconnected telephone connections of petitioners no.1,2 and 3 in September 2001. By means of this writ petition, the petitioners have prayed that the said disconnection be declared as viod ab initio and MTNL be directed to reconnect and restore telephone connections of petitioners no.1, 2 and 3.