JUDGMENT

SARKARIA J.:—This judgment will govern the disposal of these two appeals which arise out of a common judgment of the High Court of Delhi dismissing the writ petitions filed by the appellants and others under Art. 226 of the Constitution.

2. On November 27, 1972, the Administrator of Delhi, made an order under Section 5 of the 791 Indian Telegraph Act, 1885 (for short, the Act) authorising the Superintendent of Police, North District of take temporary possession "until further orders of certain specified telephones installed in rooms and cabins of the building known as Coronation Hotel, Fatehpuri, Delhi. The order reads as under.

"Whereas the Administrator of Delhi is satisfied that illegal forward trading (satta) in agricultural commodities is being practised on a large scale through the following telephones installed in the rooms/cabins in the premises of the Coronation Hotel, Fatehpuri, Delhi, thereby affecting adversely the price of the supply essential to the life of the community.

Whereas public emergency exists and the Administrator, Delhi is satisfied that the continuation of satta at the aforesaid premises through the telephones given above is prejudicial to public interest and as such it is necessary to take temporary possession of all the aforesaid telephones from the premises in question.

3. Another order in similar terms was made on December 4, 1972 by the Administrator for taking over certain other telephones.

4. Four subscribers who were affected by these orders challenged their validity by writ challenged their validity by writ petition in the High Court. A Bench of the High Court allowed those petitions and quashed the orders in question on the ground that resort cannot be had to Section 5 (1) of the Act for taking temporary possession of the subscribers telephones.

5. The General Manager, Telephones, Delhi also made order on November 28, 1972 and December 5, 1972, purporting to act under R. 422 of the Indian Telegraph Rules 1951, (for short, the Rules) for disconnecting the telephones and non-exchange lines. One of those orders, dated November 28, 1972, may be extracted as a specimen.

"The Delhi Administration has certified vide order No. F5/20/72/C-HG dated 27-11-1972 that public emergency exists and that continuation of "satta at the premises of Coronation Hotel, Fatehpuri through the telephones is prejudicial to public interest.

The undersigned in exercise of the powers conferred under Rule 422 of Indian Telegraph Rules, 1951 hereby orders to disconnect the telephones and Non-exchange Lines mentioned in the list supplied by Delhi Administration (copy attached).

6. Thereupon, the appellants filed C. W. 470 of 1973 in the High Court praying for a writ to quash these orders of the General Maganer and for restoration of their telephone connections. This writ petition was heard by learned single Judge of the High Court who allowed the same and quashed the impugned orders and further directed that the telephones be restored to the appellants.

7. Aggrieved, the union of India and other respondents carried a special appeal to the appellate Bench of the High Court. Before the appellate Bench it was contended that the impugned action was bad because (a) no prior notice in regard to the same was given to the appellants; (b) the Divisional Engineer did not apply his mind and record his own satisfaction about the existence of any emergency and as such there was a contravention of Rules 421 and 422 which had to be read together; (c) the reason given in the impugned order, to the effect, that the appellants were making illegal and improper use of their telephone inasmuch as they were transmitting messages and information in regard to satta business which had been banned, was irrelevant and extraneous to Rule 422 under which the impugned action has been purportedly taken; (d) the emergency contemplated by Rule 422 is not the same as a public emergency declared under Section 5, but is an emergency arising out of th