R.S. Dhavan, V.P. Goel, JJ. - (1.) THE department of telecommunication has taken contradictory stand between the counter affidavit filed in the writ petition and the reply given to the petitioner by letter dated 10.7.1983. In the counter affidavit in paragraph 21, which has been sworn by the Assistant General Manager (Administration), Telephones, Kanpur, it has been stated that, 'the bills were sent to the petitioners firms due to clerical error and the amount paid by the petitioner would be refunded to him by the department.' But, in the letter dated 10.7.1983, the petitioner has been told by the telephone department that, "Dinank 4.2.1981 se 31.10.1982 tak ka jama kiraya ki vapasi vibhagiya niyamanusar deyi nahin hai." The details of the bills of the eight items appended with the rejoinder affidavit as Annexure R.A. -1 clearly show that for the period ending 30.6.1981, recorded meter reading was 2685 and even upto the close of the period 31.10.1982, the meter reading was 2686. This clearly shows that the telephone was not even used, perhaps disconnected and the petitioner would be entitled to refund of the amount, which may have been paid by error, which error has been accepted by the telephone department in counter affidavit.
(2.) AT the time when this matter was placed for hearing, no counsel for Union of India was present. The writ petition succeeds with costs. The refund to the petitioner be given within one month from the date a copy of this order being placed before the telephone department.;