JUDGMENT

Heard learned counsel for the petitioner, Sri Prashant Singh Atal, who has put in appearance on behalf of P.G.C.I.L. and Sri Rakesh Tiwari, learned Additional Chief Standing Counsel for the State-respondents.

2. This petition has been filed with following main prayers:-

"a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the resistance/objection raised vide letter dated 30.01.2023 preferred by the petitioner under Section 16 of the Act, 1885.

b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to 6 to not proceed with the installation of electricity lines/towers over the land in question till the adjudication of the objection dated 30.01.2021 preferred before the respondent no.2.

c) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to 6 to comply with the mandatory prerequisite provided in proviso (d) of Section 10 of the Act, 1885. "

3. It is the case of the petitioner that he is a recorded joint tenure holder of plot no.336-ka ad-measuring 9.2580 hectare situated in Village Govindpur, Pargana Nigoha, Tehsil Mohanlalganj, District Lucknow along with his other family members. The District Magistrate, Lucknow is the competent authority empowered to grant permission to telegraph authority for installation of electricity lines / towers etc. under section 16 of the TELEGRAPH ACT , 1885 (hereinafter referred to as 'the Act, 1885'), in the event of any resistant or obstructions made by the owner of the property of which, the telegraph authority or lays down electricity lines/towers. The respondent no.3, P.G.C.I.L. is a public sector undertaking of Government of India, respondent. The respondent no.5, Power Grid Yamuna Transmission Ltd. is a folio subsidiary of respondent no.3.

4. The respondent no.5 claims to be telegraph authority under the Act of 1885 and further claims to be empowered under Section 4 of the ELECTRICITY ACT , 2003 read with Section 10 of the Act of 1885. The respondent no.5 has been authorized to construct Mohahlal Ganj Sub Station of 400 K.W. for Sarojani Nagar-Unnao Single Circuit Transmission Line. The petitioner's land is agricultural in nature where he grows crops of wheat and mustard and he has installed several poly houses for various other farming activities. He also raises cattle on the said land. The petitioner received a message from Manager of respondent no.3 that "pit marking" exercise in respect of laying down of Sarojani Nagar- Unnao Single Circuit Transmission Line shall be conducted on the land of the petitioner. After receipt of the message, certain unknown persons reached upon the land of the petitioner and started measuring the same also marking it for digging pits. The petitioner resisted such an exercise. He was informed by the respondents no.5 and 6 that respondent no.5 had being designated as telegraph authority under Part 3 of the Act of 1885 and had an absolute 'right of way' over the land in question. The petitioner was requested not to create obstruction in carrying out the project. The petitioner filed his detailed objections to such authority, he also filed the representation to the District Magistrate, Lucknow.

5. It has been argued by learn