Appeals by Special Leave from the Judgment and Orders dated the 27 11 1973 23 5 74 of the Delhi High Court in P.A. No.
1062 Mrs. Shyamla Pappu and Girish Chandra for Respondents 1 3.
Hardyal Hardy, S. K. Mehta, K. R. Nagaraja and P. N. Puri for the Appellants.
N. Sachthey for Respondents 4 5.
The Judgment of the Court was delivered by SARKARIA, J. This judgment will govern the disposal of these two appeals which arise out of a companymon judgment of the High Court of Delhi dismissing the writ petitions filed by the appellants and others, under Article 226 of the Constitution.
Four subscribers, who were affected by these orders challenged their validity by writ petitions in the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1885 for short, the Act authorising the Superintendent of Police, North District, to take temporary possession until further orders of certain specified telephones installed in rooms and cabins of the building known as Coronation Hotel, Fatehpuri, Delhi.
On November 27, 1972, the Administrator of Delhi, made an order under s. 5 of the Indian Telegraphs Act.
Aggrieved, the Union of India and other respondents carried a special appeal to the appellate Bench of the High Court.
Whereas public emergency exists and the Administrator, Delhi is satisfied that the companytinuation 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.
1848 and 1849 of 1974.
237 of 1974 respectively.
The order reads as under Whereas the Administrator of Delhi is satisfied that illegal forward trading satta in agricultural companymodities 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 companymunity.
Another order in similar terms was made on December 4, 1972 by the Administrator for taking over certain other telephones.
The General Manager, Telephones, Delhi also, made orders on November 28, 1972 and December 5, 1972, purporting to act under Rule 422 of the Indian Telegraphs Rules, 1951, for short, the Rules for disconnecting the telephones and number exchange lines.
172/73 and Civil Writ No.
