1994 PLP 1295 (CLC)

‑‑‑‑Art. 199‑‑‑Restoration of a telephone, closed by the Corporation on the ground of non‑payment of arrears of another telephone connection of the petitioner‑‑‑Prima facie Corporation failed to connect the arrears with the petitioner and made different demands at different times‑‑‑Petitioner had been paying the bills of the closed telephone regularly‑‑‑Corporation, in the circumstances was directed to restore telephone in question, subject to petitioner's furnishing required security within specified time. Iqbal Mahmood Awan for Petitioner. Ch. Hamid‑ud‑Din for Respondent (on Court's Notice). This petition came up for limine hearing on 11‑12‑1993 when the respondents were directed to. submit' report and parawise comments within one week but the order has not complied up till this date.

2. The grievance voiced through this Constitutional petition is that the respondents in the first instance through notice Annexure `B' asked the petitioner to pay an amount of Rs.12,919 towards Telephone No. 883681, which was allegedly closed on 23‑8‑1981. This was followed by Annexure `B/1' which is, dated 25th February, according to which the amount outstanding against Telephone No. 883681 was Rs.40,047, which was allegedly closed on 31‑7‑1983. It is maintained that this proves that the respondents are proceeding against the petitioner without basis.

3. Ch. Hamid‑ud‑Din, Advocate is present on Court's call because the department did not have the courtesy to comply with the direction. He is accompanied by some officials of the Accounts section and according to him since the matter is of 1981, therefore, the report could not be submitted. This leads supports to the arguments of the learned counsel for the petitioner.

4. Admit. Notice. 5.Ch. Hamid‑ud‑Din, Advocate accepts notice on behalf of the respondents. C.M.1 of 1993

6. The petitioner has a prima facie case as the respondents have failed to connect the arrears with the petitioner and made different demands at different times. The petitioner is paying for the Telephone No. 5711403 A regularly, therefore, balance of convenience is in its favour and it is the petitioner who is likely to suffer irreparable loss. In this view of the matter, this petition is accepted and the respondents are directed to restore Telephone No.5711403 subject to petitioner furnishing security in the sum of Rs.50,000 within 7 days to the satisfaction of respondent No.

2. It is; however, made clear that the petitioner should continue paying the bill regularly for the above P telephone and in case of default the respondents shall be at liberty to proceed in accordance with law. M.Z.S./M‑1376/L Petition accepted.