BLOOD PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ application the petitioner has prayed for quashing of the demand in respect of Telephone Nos. 657926 and 350983 as contained in annexures '8' and' 10'.

(2.) Counter affidavit, supplementary counter affidavit as well as show cause petition and reply thereto have been filed on behalf of the respondents and the-petitioner respectively. From the pleadings of the parties we find that a serious dispute in regard to the raising of the bills aforementioned has been raised by the petitioner. The respondents have controverted the same and have stated that the Bills has been raised according to the detailed report of the STD/1SD a photo stat copies whereof have been annexed as Annexure 'A' to 'F' to the supplementary counter affidavit filed on behalf of the respon- dents. In view of the disputed question of facts we find it difficult to deter- mine the same in the writ jurisdiction, However, as rightly suggested by the learned Counsel for the parties, the said dispute can be resolved by an arbitrator appointed by the Central Government under section 7-B of the Indian Telegraph Act, 1985.

(3.) It appears that the petitioner, vide annexure-'9' to the writ application has already raised the dispute in respect of the bills in question as far back as on 30th July, 1993 before the General Manager (Telephones) Patna District, District, Telephones Patna. Accordingly, we dispose of this writ appli- cation with the direction to the General Manager, (Telephones), Patna Distriet Telephones, Patna (respondent no. 1) to refer the dispute to the Central Government for appointment of an Arbitrator within two weeks from today for determination of the same. The petitioner shall be at liberty to submit a fresh repiescntation raising dispute in relation to the disputed bills along with the materials, if any, in support thereof before the General Manager within a week from today, which, the General Manager shall forward about with the earlier representation to the Central Government for the purpose of appoint- ment of an arbitrator under section 7-B of the Indian Telegraph Act, 1985, the Central Government shall appoint the Arbitrator within one month from the date of receipt of the reference before the General Manager, Telephones.