JUDGMENT :

1. By way of present writ-application the writ-applicant herein has challenged the order No.J/MAG/ETA/Case No.18 of 2020 dated 22.3.2021 passed by the respondent No.3 allowing the application filed by the respondent No.2 under Section 16 of the Indian Telegraph Act, 1985 and issuing certain directions to the present writ-applicant herein.

2. Brief facts leading to the filing of the present writ application read thus :-

2.1 The writ-applicant owns and occupies the agricultural land bearing Survey No.62 P2 Admeasuring 16188 Sq. Mtrs. and survey No.53 of P2 Admeasuring H are 0-89-03 Sq. Mtrs. Moje: Navagam, Taluka: Jasdan, District: Rajkot.

2.2 It is the case of the writ-applicant that the respondent no.2 proposes to erect an electric pole on the land of the writ applicant for the route of the electricity line for the project without hearing the writ-applicant.

2.3 It is submitted that the main grievance of the other farmers before the respondent No.3 was that despite there are other route available nearby the land of the writ-applicant and in the land of writ-applicant and though there is a straight line route available in spite of above pole is being installed at eastern side at Jasdan road. The respondent no.2 has not chosen straight line and or other directions and chosen present line passing from Jasdan road, which is not considered while passing the impugned order by the respondent No.3 herein.

2.4 It is stated that the respondent no.2 vide application dated 25.11.2020 preferred under Section 16 of the Indian Telegraph Act, 1885 prayed to the respondent No.3 for permission to erect electricity line. It transpires that the respondent No.3 issued notice on 5.2.2021 and kept the matter on 19.2.2021 for hearing. It is further stated that the said notice was not served to the writ-applicant and the writ-applicant was completely unaware about the proceedings initiated by the respondent no.2 before the respondent no.3.

2.5 It is further stated that it was learnt that the respondent No.3 passed the impugned order dated 22.3.2021. The writ-applicant and his son personally went to the village and inquired from the other villagers and nearby villagers and got the case papers. Immediately on 10.02.2023 writ-applicant made representation to the Collector, Rajkot that without informing writ-applicant or notice or survey of land or hearing the writ-applicant the respondent started digging and spoiling his land upon requesting and restricting person on land and threatened the writ-applicant but till date no reply is received by the writ-applicant which resulted in reminding representation dated 16.02.2023.

3. Being aggrieved and dissatisfied by the impugned Order No.17 OF 2020.J/MAG/ETA/Case No.18 of 2020 dated 22.03.2021 passed by the respondent no.3 allowing the respondent no.2's application under Section 16 of the Indian Telegraph Act, 1985 and further directions issued by the respondent No.3 herein the writ-applicant herein has approached this Court by filing the present writ-application and seeking the following reliefs :-

“(A) YOUR LORDSHIPS maybe pleased to admit this Special Civil Application;

(B) YOUR LORDSHIPS may further be pleased to issue a writ of mandamus or certiorari or any other appropriate Writ, Order or direction in the nature of mandamus or certiorari quashing and setting aside the impugned Order No. J/MAG/ETA/Case No.17/2020 and No.18/2020 dated 22.03.2021 passed by the respondent no.3 (ANNEXURE "A") and may further be pleased to direct the respondent no.2 and or its agents not to erect the electric lines and polls in the farm of the petitioner;

(C) Pending admission, hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to stay the further execution, operation, implementation and effect of the impugned Order No.J/MAG/ETA/Case No.17/2020 and No.18/2020 dated 22.03.2021 passed by the respondent