BHAGWANJI DEVRAJ Vs. UNION OF INDIA
HIGH COURT OF GUJARAT
UNION OF INDIA
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(1.)The Petitioner is a businessman at Jamnagar. He has got a telephone connection for his personal use. It is telephone No. 184 He is also a partner of Shakti Oil Mills at Jamnagar. Shakti Oil Mills had another telephone line. It was telephone No. 491. In respect of telephone No. 491 Shakti Oil Mills had been in arrears of telephone charges since 16th June 1969. The total arrears amounted to Rs. 9 710 P. and the Telephone Department therefore served upon it a notice of demand. It was not complied with. Since the arrears were not paid the telephone line of Shakti Oil Mills was disconnected by the Telephone Department.
(2.)On 31st December 1970 the Telephone Department served upon the petitioner a notice calling upon him to ply up the arrears of charges in respect of telephone No. 491. The petitioner did not comply with the notice. Thereafter on 15th April 1971 the Telephone Department served upon the petitioner another notice of demand. Besides calling upon the petitioner to pay up the arrears of charges in respect of the telephone line of his partnership firm Shakti Oil Mills the Telephone Department by the said notice intimated to him that if it was not complied with his personal Telephone line would be disconnected. The petitioner did not comply with the second notice but replied to it on 21st April 1971. On 26th April 1971 the Telephone Department disconnected the personal telephone line of the petitioner.
(3.)The petitioner therefore filed Civil Suit No. 282 of 1971 in the Court of the Civil Judge (Senior Division) Jamnagar for a permanent injunction restraining the respondents from disconnecting his personal telephone line. In this suit the petitioner applied for an interim injunction. The learned Civil Judge granted ad-interim injunction and issued notice to the respondents to show cause why it should not be confirmed. The respondents appeared in the suit and stated that they had already disconnected the personal telephone line of the petitioner. The learned Judge thereupon vacated the ad-interim injunction. Thereafter the petitioner withdrew the suit on 30th July 1971 and filed this petition.
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