JUDGMENT :

1. The issue involved in all these writ-applications being identical, all the writ-applications are taken up for adjudication together.

2. These writ-applications under Article 226 of the Constitution of India are at the instance of the Gujarat Energy Transmission Corporation Ltd. The Special Civil Application No.21620 of 2019 is taken up as lead matter. The writ- applicant has prayed for the following reliefs in the Special Civil Application No.21620 of 2019, which are produced thus :-

"(A) YOUR LORDSHIP be pleased to accept this petition.

(B) YOUR LORDSHIP be pleased to issue writ of certiorari, or writ of the similar nature for calling the record and proceedings from the file of Sub Divisional Magistrate Deesa in the matter of Vijali case no1126 to1134 of 2019 dated 30th March 30-3-2019 and further be pleased to quash and set aside order dated 30th March 2019 at Annexure A. and further pleased to permit the petitioner to lay the line in question from the land of the respondent No1.

(C) YOUR LORDSHIP be pleased to stay operation and implementation of judgment and order at annexure A, dated 30th March 2019 in the said matter passed in Vijali case no1126 to1134 of 2019 by respondent No.2 pending admission and final disposal of the petition.

(D) Any other just and proper relief, as deemed fit, may also be granted in favour of the applicants."

3. The brief facts giving rise to the present writ-applications are summarized thus :-

3.1 The writ-applicant published a notice/advertisement notifying laying down 400 KV D/C Soaja-Zerda line on D/C Tower with ACSR twin conductor discharging its function and duties under Section 39 of the Electricity Act. The writ- applicant is a licensee for laying down the above referred line and is in receipt of all the necessary permissions and have also approved route map from the competent authority. The construction of the above referred line is almost completed to the extent of more than 95%, out of the total work. Only five locations remain out of which one such location is falling in the land of the respondent No.1.

3.2 The Sub-Divisional Magistrate, Deesa was pleased to accord permission by order dated 13.3.2018 and on 12.6.2018 in respective Vijali Cases. Necessary orders were passed following due procedure and after affording opportunity of hearing to all the concerned villagers. The said orders were challenged before this Court in respective writ-petitions by the writ-applicant as well as the respondent. This Court was pleased to quash and set aside all the orders and remanded back the matter to District Magistrate, Deesa for fresh hearing. After hearing all concerned the Sub-Divisional Magistrate, Deesa was pleased to grant application of the respondent and refused the permission to the writ-applicant as contemplated under Section 16(1) of the Telegraph Act, 1885.

3.3 The respondent herein had filed objections under Section 16 of the Act being Vijali Misc. Cases No.1126 to 1134 (Annexure-A page-35). The District Magistrate, Deesa considered the application and passed the following order. The operative order read thus :-

"ORDER

Order is hereby passed to "allow" application of the applicant.

Parties to be informed about the order.

Today on 30th March, 2019, signed by me and sealed with seal of the court.

Sd/- illegible

(H.M. Patel)

Sub Division Magistrate And Deputy Collector, Deesa"

3.4 Being aggrieved and dissatisfied by the order dated 30.3.2019 passed by the Sub-Divisional Magistrate, Deesa in Vijali Cases No.1126 to 1134, whereby in exercise of power under Section 16(1) of the Telegraph Act, 1885 the respondent No.2 allowed the application of the respondent No.1 thereby refused permission to the writ-applicant for laying down 400 KV D/C Soaja-Zerda line on D/C Tower with ACSR twin conductor from the land of the respondent No.1 and to erect the electricity tower in the land of respondent No.1 at Village : Ranpur, Taluka : Deesa. The writ-applicant is constrained to approach this Court being ag