UNION OF INDIA Vs. V V RAMA RAO

JUDGEMENT

(1.) This Writ Appeal filed by the Union of India and the authorities of the Department of Tele Communications is directed against the judgment of the learned Single Judge dated 23.12.1996 in W.P. No. 24834 of 1996.

(2.) The respondent herein is the subscriber of the telephone connections bearing Nos. 545124, 545125 and 547539. When the officials of the Department of Telecommunications wanted to disconnect the petitioner's telephones on the alleged ground of non-payment of outstanding telephone charges in respect of the telephone connections bearing Nos. 547206, 547835, 548499, 548525 and 548957 belonging to M/s. Feno Vision Limited, M/s. Leonics Television Private Limited and M/s. Professional Grade Components Limited respectively, filed writ petition No. 24834 of 1996 assailing the validity of the said action.

(3.) The learned Single Judge on consideration of Rule-443 of the Indian Telegraph Rules opined that even assuming that there are outstanding arrears in respect of the telephone connections bearing Nos. 547206, 547835, 548499, 548525 and 548957 belonging to the aforementioned three companies, even then, on that count disconnection cannot be effected in respect of the telephone connection bearing Nos. 545124, 545125 and 547539 subscribed by the petitioner in terms of Rule-443. In that view of the matter, the learned Judge, by the order under appeal, allowed the writ petition and directed that upon the writ petitioner paying arrears, if any, in respect of telephones bearing Nos. 545124, 545125 and 547539, the telephone connections should be restored notwithstanding the arrears in respect of the telephones standing in the name of the above noted three private limited companies. The learned Judge by the same order, however, reserved liberty to the Telecommunications Department to take appropriate action as may be open to them under law against the three companies for recovery of the amounts due from them in respect of five telephones standing in their names. Hence this writ appeal by the Union of India and the authorities of the Department of Telecommunications.