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P.VISHWANATHA SHETTY
HOTEL BHEEMA – Appellant
Versus
TELECOM DISTRICT ENGINEER, DAVANGERE – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. M. Ram Bhat, Advocate.
For the Respondents: Mr. Ashok Harnahalli, Addl. CGSC.

JUDGMENT

P. Vishwanatha Shetty, J. — In this petition, the petitioner who is running a lodging house has prayed for quashing the order dated 20th February, 1992, the copy of which has been produced as Annexure-H, calling upon the petitioner to pay a sum of Rs 12,114/- towards the arrears of telephone bill in respect of STD PT 27198 and also the demand note dated 21st Feb. 1992 issued to the petitioner calling upon the petitioner to pay the amount referred to in bill, Annex-H.

2. Sri Ram Bhat, learned Counsel appearing for the petitioner submitted that admittedly the petitioner is not a subscriber in respect of telephone STD PT 27198 and one Sri. Aslam is admittedly the subscriber to the said telephone. Therefore, he submitted that it is not permissible for the respondents to call upon the petitioner to pay the amount referred to in bill order Annexures G. and H, and in the event of failing to pay the amount demanded in the said bill to disconnect the telephone of the petitioner. He submitted Rule 443 of the Indian Telegraph Rules, 1951 (hereinafter the Rules) which provides for disconnection of telephone for the default of a subscriber to pay arrears of the telephone bill, does not e













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