JUDGMENT
M.Y. Eqbal, J.
1. In this writ application the petitioners have prayed for quashing the demand raised by the respondents Telecom District Manager, Jamshedpur asking the petitioner to pay the dues amounting to Rs. 84,058 against the telephone No. CKP 92 in the name of M/s. Vikash Laboratory.
2. Petitioners’ case is that M/s. Vikash Laboratory was closed 5-6 years back and none of the petitioners have got anything to do with M/s. Vikash Laboratories. The said M/s. Vikash Laboratories was constituted by a deed of partnership in which Puran Chandra Agarwal, Shradhanand Agarwal, Shakuntala Devi, Pawan Kumar Agarwal and Vijay Kumar Choudhury were the partners.
3. Respondents’ Telecom Department in their counter affidavit have stated that the telephone of the partners or wife/sons can be disconnected in case of non payment of telephone dues by the firm. Respondents’ further case is that petitioners are the sons as well as husband of the partners of the defaulted firm and therefore they are liable to pay dues as per the Rule 443 of the Indian Telegraph Rules, failing which their telephone connections may be disconnected.
4. Mr. M.S. Mittal, learned counsel for the petitioners submitted that the petitioners earlier moved this Court against the impugned demand by filing CWJC No. 3100/93R. The said writ application was dismissed as withdrawn on 7.4.1994 in order to enable the petitioner to approach the authority concerned. In the said order it was observed that the authority concerned shall consider the case of the petitioner afresh. Learned counsel submitted that the petitioners filed their representation but without giving opportunity of hearing and without deciding the issue the respondents issued the impugned letter demanding aforementioned amount. Learned counsel therefore submitted that the petitioners must be given opportunity of hearing before issuing any demand.
5. From perusal of the impugned letter, it appears that the respondent Telecom District Manager, Jamshedpur gave reference of the writ petition being CWJC No. 3100/93R and raised demand holding that as per Rules petitioners are liable to pay the demand. In my opinion, such a demand can not be sustained in law. The Telecom District Manager must pass a reasoned order as to why and under what circumstances the petitioners are liable to pay the amount and in default their telephone connection shall be disconnected.
6. Petitioners are therefore directed to file their fresh representation before the Telecom District Manager, Jamshedpur within two weeks from today. On receipt of such representation the Telecom District Manager shall give opportunity of hearing to the petitioner and shall pass a reasoned order within six weeks.
7. With the aforesaid observation and direction, this writ application is disposed of.