S. SUBHASHAN REDDY, J.

( 1 ) WRIT petition is filed questioning the impugned Notice INV/ 30248/ def. dt. 18-2-92 issued by the respondent herein seeking to disconnect the petitioners telephone No. 223627 on the ground that there are arrears outstanding against the telephone bearing No. 30248 pertaining to his mother. I am not here called upon to enter the merits with regard to the arrears claimed against telephone number 30248 pertaining to the petitioner s mother. But, what is intriguing is the proposed action of the respondent in seeking to disconnect the petitioner s telephone on the ground that his mother has defaulted in payment of the arrears to the tune of Rs. 1,02,345. 00 (Rupees one lakh two thousand three hundred and forty five only) pertaining to her telephone No. 30248. Rule 443 of the Indian Telegraph Rules which were framed under the rule making power under the Indian Telegraph Act, 1885, empowers the concerned authority to disconnect the telephone of a subscriber in default of payment. In the instant case, admittedly, there is no default in payment on the part of the petitioner.

( 2 ) MR. V. Sriranga Rao, the learned Additional Standing Counsel submits that inasmuch a

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