J.N.BHATT
JIVIBEN MOTIBHAI PATEL – Appellant
Versus
EXECUTIVE ENGINEER (C and M),gujarat ELECTRICITY BOARD,baroda – Respondent
( 1 ) THE challenge in this petition is against the order passed by the Deputy Secretary, Industries, Mines and Power Department, Government of gujarat in the revision application preferred by the Gujarat Electricity Board, reversing the order of the Additional District Magistrate, Baroda, by invoking the provisions of Art. 227 of the Constitution of India.
( 2 ) A few relevant material facts leading to filing of the petition may be stated at the outset. The petitioner preferred an application on 15-1-1969 under the provisions of Sec. 12 of the Indian Electricity Act, 1910 (electricity Act for short) requesting the District Magistrate to direct respondent No. 1, Gujarat Electricity board, (the Board for short) to remove the electric poles which are erected in his agricultural land bearing S. No. 646/2 in village Karjan, Baroda District and also for an order for payment of compensation on account of damages caused to his crops and agricultural land.
( 3 ) THE petitioners case before the District Magistrate, Baroda in the said application was that the Board, without his consent and despite his objection, illegally placed two poles in his field damaging his crops in a p
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