- (1.) Following questions crop up for adjudication in this writ proceedings under Article 226 of the Constitution of India :- (1) Whether Rule 416 (3) of Telegraph Rules, 1952 (hereinafter referred to as the Rules) bars the maintainability of a Writ Petition as Premature unless the Petitioner files a representation before the Telecom Authorities against a notice? (2) Whether for the non payment of the bill of that telephone which was got installed by the father the telecom authorities can justifiably refuse to deny new telephone connection to his son for another premises, which he claims to be commercial, by taking aid of Rule 416 (2) (d) of the Rules? (3) Whether in the facts and circumstances the Petitioner is entitled to the reliefs prayed for? The Prayers :-
(2.) The petitioner has made three fold prayers in this writ petition :- (i) to quash that portion of the Notice-cum-Demand Note dated 25-5-1998 (as contained in Annexure 2) imposing a condition against him that unless and until his father deposits a sum of Rs. 57,614.00, due against his telephone No. 55222, new telephone connection shall not be given to him; (ii) to direct the respondents to issue a new telephone connection for his commercial premises, 500 meters away from his residence both situated at Main Market, Ganj Dundwara, District Etah; and (iii) to award costs. The Pleadings :-
(3.) The petitioner, aged 21 years as per his affidavit dated 13-12-1998, asserts, inter alia, to this effect :- He is resident of Main Market, Ganj Dundwara, District Etah who has set up a commercial establishment (shop) in the main market, which is about 500 meters away from his residence; in order to facilitate his business he submitted an application on 19-3-1998 along with a deposit of a sum of Rs. 2,000.00 (copy of the Demand note in this regard appended as Annexure-I); even though telephone connections have been given to all those persons who had applied subsequently, but he was not given and thus he met Respondent No. 2, who handed over to him the impugned notice-cum-demand note in regard to the Telephone No. 55222 installed since 26-12-1994 in the name of his father at his father's residence showing outstanding dues; though he is resident of the same premises but has nothing to do with the dues; Rule 443 of the Rules does not authorize the Telecom authorities to take such a course; he met Telecom authorities but no heed was paid towards his request; and hence this writ petition.;