The main legal point established in the judgment is that the laying down of the electricity line was found to be in accordance with the law, and the petitioners were advised to seek recourse under Section 17 of the Act.

ORDER :

1. Heard Mr. Jigar Gadhavi, the learned advocate appearing for the petitioners and Mr. S.P. Hasurkar, the learned advocate appearing for the respondent Nos.2, 3 and 4.

2. By way of present petition, the petitioners herein have prayed for the following reliefs:

"7. The Petitioners, in the premise aforesaid, therefore, pray that:

(A) YOUR LORDSHIP may be pleased to issue writ of mandamus and/or any other writ, order or direction in the nature of mandamus declaring the action of installation of 66 K.V Mehsana Kherva Electricity Line passing through the land of the Petitioners bearing Revenue Survey No.287 falling within the revenue limits of Village: Kukas, Taluka and District: Mehsana as illegal, arbitrary, unjust, improper and against the law, it being contrary to the Government Gazette dated 11.02.2021; Ann "B"

(B) YOUR LORDSHIP may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside the decision of the Respondent No.3 - Executive Engineer (Const.), GETCO, Mehsana dated 26.08.2022 and further be pleased to direct the Respondent - Electricity Company to consider the case of the Petitioners for shifting of the 66 K.V Mehsana - Kherva Electricity Line passing through the land of the Petitioners being Revenue Survey No.287 of village Kukas, Taluka and District: Mehsana in accordance with law and pass necessary orders for shifting of the said 66 K.V Electricity Line in accordance with law; Ann "I"

(C) Pending admission, hearing and final disposal of the present Petition, YOUR LORDSHIP may be pleased to direct the Respondent - Electricity Company not to act further with regard to installation of the 66 K.V Mehsana - Kherva Electricity Line passing through the land of the Petitioners being Revenue Survey No.287 of Village: Kukas, Taluka and District: Mehsana; Ann "I"

(D) To pass such other further order as deemed fit in the facts and circumstances of the case.

3. The brief facts leading to filing of the present petition read thus:

3.1 The Petitioners herein are agriculturists, residing at Mehsana, having purchased the land bearing Revenue Survey No.287 admeasuring 32 Guntha falling within the revenue limits of Village: Kukas, Taluka and District: Mehsana.

3.2 The Respondent - Electricity Company proposed to install 66 K.V electricity line and electricity pole, the same having been published in Gujarat Government Gazette Part-II, dated 11.02.2021. The said Gazette dated 11.02.2021 is duly produced at ANNEXURE-B. The said gazette refers to the area of operation for installing 66 K.V electricity line from 220 K.V Mehsana Sub-station to 66 K.V Kherva Sub-station. and reflects specific name of villages as the area of operation covered under the same. The village Kukas does not reflect in Government Gazette and the land of the Petitioners belongs to the village Kukas.

3.3 The Respondent Electricity Company, without giving any prior notice or intimation to the Petitioners, commenced the exercise of installing the electricity line and poles. The Petitioners having found the same, inquired from the concerned person and was informed that the electricity pole is to be installed on the agricultural land i.e., the 'Shedha' land (divide between two agricultural fields) and 66 K.V electricity line also passes through the petitioners' agriculture field bearing Revenue Survey No.287. The Petitioners, therefore, approached the Respondent No.4 Office and inquired about the aforesaid exercise undertaken by the Respondent Electricity Company. The Petitioners requested that the same would result in severe hardship in agricultural activity of the petitioner and agricultural land of the petitioner will be damaged. The Petitioners made an application for shifting of 66 K.V electricity line with requisite fees of Rs. 11,800/-. The Petitioners were orally informed that the Petitioners will have to bear expense upto Rs.50,000/- for the said shifting purpose. The Petition