The main legal point established is that the jurisdiction of the Civil Court is not barred by the Indian Telegraph Act, and parties must follow the proper procedure under the Act before seeking legal remedies.

Deepak Gupta, J.

By means of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 16.1.2010 passed by the learned Trial Court in Civil Suit No. 11 of 2010 titled as am Datt V s. Allain Dhuhangan Hydro Electric Project, Prini & Anr. pending in the Court of learned Civil Judge, (Sr. Division) Kullu on the ground that this order was beyond the scope of jurisdiction of the learned Trial Court.

2. Briefly stated the facts of the case are that the respondent (hereinafter referred to as the plaintiff) filed a suit before the learned Trial Court praying for decree of permanent prohibitory injunction restraining the defendants from laying high tension transmission line over and above the suit land bearing khasra No. 1367, khata khatauni No. 316/578, khasra Nos. 1374 and 1375, khata khatauni No. 316/577 and khasra No. 1372, khata khatauni No. 299/550 situate in Phati Shilihar, Kothi Kotkandi, Tehsil and District Kullu. The allegation made by the plaintiff was that the defendant-company had constructed a hydro electric power house at village Prini in Manali. According to the plaintiff, he is the owner in possession of the suit land and the defendant-company had no right, title over the suit land and were complete strangers to the same. The plaintiff further alleged that the defendants were threatening to cut the 'deodar' and 'kail' trees situate on his land to lay the transmission lines and therefore prayed that a restraint order be passed.

3. Along with the suit, an application under Order 39 Rules 1 and 2 CPC for interim directions was also filed. The suit was taken up by the Court on 13.1.2010 and notice was issued to the defendants on 16.1.2010. On 16.1.2010 in the presence of the learned counsel for both the parties the learned Trial Court passed an order directing the respondents-defendants to maintain status quo and directed them not to lay the high tension electric transmission line and also restrained them from cutting/removing the deodar and kail trees. The matter was adjourned to 23.2.2010 for filing reply etc. On 23.2.2010, learned counsel for the respondents-defendants prayed for time to file reply to the stay application and the written statement to the suit. The matter was then adjourned to 10.3.2010 when again learned counsel for the defendants prayed for time to file- reply and written statement. The reply was finally filed on the next date, i.e. 9.4.2010 and the matter adjourned to 12.5.2010. On 12.5.2010 parties prayed time for consideration of the application which was allowed and the case adjourned to 12.7.2010. It would also be pertinent to mention that on 12.5.2010 in the main suit the learned Trial Court passed a detailed order which reads as follows:-"Ld. counsel for the defendants has filed copy of the letter to Deputy Commissioner, Kullu. During the course of submission I find that the controversy in this suit revolves around whether the trees are standing on the suit land which have been marked to cut by the defendants in order to lay high tension electric transmission line for the commission of A.D. Hydro Project. It is the contention of the plaintiff that the trees have been marked by the forest department for felling. These trees are not the property of the forest department. On the other hand the defendants' counsel has submitted that the trees in question are not the property of the plaintiff. Ld. counsel has also submitted that the Deputy Commissioner, Kullu is already seized with the matter in dispute. Therefore, in the facts and circumstances of the case I am of the opinion that it will be expedient in the interest of justice in case the District Collector/Deputy Commissioner is directed to hold local investigation for the purpose of elucidating the matter in dispute as to whether the trees are standing over the suit land and if the trees are found standing thereof their number and nature. District Collector/Deputy Commissioner Kullu b