Telecom Watchdog v. Union of India & Anr.

Delhi High Court · 15 Dec 2017 · 2017:DHC:7835-DB
Gita Mittal; C. Hari Shankar
W.P.(C)No.11182/2017
2017:DHC:7835-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition challenging a show cause notice as premature since the respondents had not yet taken a final view on the notice or complaints.

Full Text
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W.P.(C)No.11182/2017 HIGH COURT OF DELHI
W.P.(C) 11182/2017
Date of Decision: 15th December, 2017 TELECOM WATCHDOG ..... Petitioner
Through : Mr. Pranav Sachdeva and Ms. Surabhi Kumari, Advs.
VERSUS
UNION OF INDIA & ANR. ..... Respondents
Through : Mr. Kirtiman Singh, CGSC with Mr. Brajesh Kumar, Adv. for R-1/UOI
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition makes a grievance that a show cause notice cum demand notice dated 23rd October, 2017 (page 109) which stood issued to M/s Tikona Digital Networks Pvt. Ltd. is contrary to the notice inviting applications for auction of 3G and BWA spectrum as well as the license agreement between the respondents. In this regard, it is stated in para 4 of the writ petition that the petitioner has lodged complaints on 27th November, 2017 as well as 4th December, 2017. 2017:DHC:7835-DB W.P.(C)No.11182/2017 The writ petition had been filed because of the failure of the official respondents to respond or to take action on these complaints.

2. In our view, this writ petition at this stage is premature inasmuch as the respondents are yet to take a view, either on the show cause notice or on the complaints of the petitioner.

3. This writ petition is, therefore, dismissed as such. It is made clear that we have not expressed any opinion on the merits of the petitioner’s contentions. Dasti.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J DECEMBER 15, 2017