JUDGMENT :

G.B. Shah, J.

Heard learned Counsel Mr. Premal R. Joshi for the petitioner and Mr. Nilesh A. Pandya for the respondent.

2. Being aggrieved and dissatisfied by order dated 6-3-2006 passed by the Principal District Judge, Vadodara, vide Exh. 44, in Misc. Civil Application No. 330 of 2001, the present petitioner, Gujarat Energy Transmission Corporation Ltd., the then Gujarat Electricity Board (‘G.E.B.'), has preferred the present Special Civil Application and challenged the legality, validity and propriety of the said order under Section 16(4) of the Telegraph Act, 1885.

3. The respondent herein is the original applicant who has approached the District Court, Vadodara by way of filing Misc. Civil Application No. 330 of 2001 against the petitioner, for getting compensation of Rs.2,80,000/- under the provisions of the Electricity Act and under die provisions of the Telegraph Act.

4. The brief facts of the case between the parties of these proceedings are that the respondent/original applicant is a resident of village Dhavat of Taluka Karjan, District Vadodara and he is an agriculturist, having his agricultural land bearing Survey No. 464 of his ownership and possession.

4.1. Shri B