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2007 (3) TMI 782 - SUPREME COURT

2007 (3) TMI 782 - SUPREME COURT - 2007 AIR 1363, 2007 (3) SCR 757, 2007 (10) SCC 712, 2007 (4) SCALE 299 - Civil Appeal No. 5687 of 2000 - Dated:- 8-3-2007 - DR. ARIJIT PASAYAT AND LOKESHWAR SINGH PANTA JJ. JUDGMENT DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court allowing the writ petition filed by respondent no.1. 2. A brief reference to the factual position would suffice: 3. Respondent no.1 filed a writ petition before .....

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ould not be accepted in view of the guidelines. The High Court by a cryptic non-reasoned order held that the conditions in the guidelines "appear to be arbitrary" and hence violative of Article 14 of the Constitution of India, 1950 (in short the Constitution ). Accordingly direction was granted to allot a VPT to the writ petitioner within the stipulated time. 4. Appellants have challenged the order on the ground that no reason has been indicated as to why the guidelines were found to b .....

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T's and rest about 45,000 villages were to be provided with VPT's. It is pointed out that after all the villages are provided with public telephones, additional PCOs can be provided depending upon technical feasibility and demand. The difference between VPT and PCO is that the call charges made from a VPT are less than those from PCO. Also the commission to the operative custodian of a VPT is higher that that payable to a PCO operator custodian. The commission is percentage of revenue de .....

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petitioner. 6. We find that 1994 guidelines have been amended from tie to time and clarifications have been issued subsequently on 8.12.1998 and 9.3.1999. it appears that for installation of VPT, define role assigned to the Gram Panchayat. The guidelines of 8.12.1988 stipulate that the Gram Panchayat will recommend only one VPT in a village and the question of multiple cases does not arise. In case of any dispute, the case is to be discussed with Panchayats and resolves. The recommendations for .....

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counter affidavit and by a non-reasoned order struck down the policy. The order of the High Court has been stayed by this Court on 1.9.1999. 8. Reasons introduce clarity in an order. On plainest consideration of justice , the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge. The absence of reasons has rendered the High Court's judgment not sustainable. .....

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