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1997 DIGILAW 386 (PAT)

Union of India v. Sarda Colour Labs

1997-05-09

M.Y.EQBAL, NARAYAN ROY

body1997
Order Heard learned counsel for the appellants. 2. This L.P. Appeal has been tiled against the order dated 16.10.1996 passed by a learned Single Judge of this Court in C.W.J.C No. 2518 of 1996(R), by which the learned Single Judge has directed the appellants to restore the Telephone connection bearing Nos. 301648 and 304993 against which there were no dues. Learned Single Judge has further directed the appellants to realise the dues against Telephone No. 301328 in accordance with law. 3. It appears that the Telephone Connection Nos. 301648 and 304993 were disconnected as the dues against the Telephone No. 301328 was not paid. 4. Counsel for the appellant submitted that for realisation of the dues against Telephone No. 301328 the appellants disconnected the Telephone nos. aforesaid and they were justified in doing so as there was no speedy remedy for realisation of the dues. 5. From the impugned order, we find that admittedly there were no dues against those two Telephone connections and for non-payment of the dues of Telephone No. 301328, those two Telephones could not have been disconnected. 6. Learned Single Judge, therefore, held that the action of the respondents of the writ petition was wholly arbitrary and without jurisdiction and accordingly passed the impugned order for restoration of the connections of the aforesaid two Telephone Nos. 7. So far the dues against Telephone No. 301328 is concerned, we find that liberty has been given to the appellants to realise the same in accordance with law. Instead of doing that, the appellants have filed this L.P. Appeal. 8. Having heard counsel for the appellants and considering the order impugned, we find no merit in this appeal. It is accordingly dismissed.