MAN SAROVAR HOTEL Vs. TELECOM DISTRICT MANAGER

JUDGEMENT

(1.) The proceeding is directed against the notice issued by the Accounts Officer (TR), office of the Telecom District Manager, Kamrup Telecom District, Guwahati, expressing its intention to invoke Rule 443 of the Indian Telegraph Rules, 1951.

(2.) The petitioner is a subscriber of Telephone bearing No. 34337 and the petitioner is regularly paying the rent and other charges of the telephone services relating to the aforesaid telephone and there is no outstanding dues against the said telephone which is used for the business purpose of the petitioner. The Telephone No. 34337 stands in the name of Man Sarovar Hotel and Restaurant, and the petitioner moved this Court being aggrieved by the communication No. TRA/DFT/GH-33211/ 4 dt. 25.6.93 for payment of outstanding telephone bills in respect of telephone No. 33211 standing in the name of Nandalal Sharma. The full text of the notice is extracted below:

(3.) The petitioner has also referred to a communication No. TRA/DFT/GH-33211/1 dt. 13.5.93 containing a consolidated bill in duplicate for an amount of Rs. 4, 08,779/- relating to telephone No. 33211 for the period from 1.6.91 to 1.12.92. The petitioner contended that as a subscriber of telephone No. 34337 he was only accountable for the rent and charges for the aforesaid telephone. Since the petitioner was not the subscriber of the telephone No. 33211 he could not be made liable for the aforesaid dues in respect of telephone No. 33211 which stood in the name of Sri Nandalal Sharma, who had nothing to do with the petitioner. The petitioner had mainly based his case on the assertion that the petitioner being a partnership firm, who was carrying on hotel business as asserted, and it had no connection whatsoever manner with Sri Nandalal Sharma. The relevant averments to this effect, as made in the writ petition, are set out below :-