ORDER:

The present Writ Petition is filed by the petitioner under Article

226 of the Constitution of India, seeking the following relief:

“….pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities is absolutely arbitrary, illegal, null and void, unconstitutional and violation Art. 21, 300-A of constitution of India and contrary to section 10(d) and 16 of Indian Telegraph Act, 1885 also against the norms of the public policy and principles of natural justice and consequentially direct the Respondents not to interfere in to peaceful possession and enjoyment of petitioner’s agriculture land in Sy.No.482-C of Kunuturu Revenue village, Dharmavaram Mandal, Sri Satya Sai district by laying 220/132 KV DC electrical line without following due process of law and to pass …..”

2. The short grievance of the petitioner is that the TRANSCO- authorities, with the help of Police officials, are trying to erect electric tower in the petitioner’s land, without following the due process of law and without paying any compensation. Hence, the present Writ Petition is filed.

3. Heard Sri E. Anjana Reddy, learned counsel for the petitioner, learned Assistant Government Pleaders for Revenue and Home Department and Sri Anup Koushik Karavadi, learned Standing Counsel for APTRANSCO.

4. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, pursuant to the proposal of the TRANSCO authorities to construct nearly 25 electric towers, in the year 2021, they forcibly entered the land of the petitioner and tried to dig pits, without paying any compensation and without following the due process of law. But, on the petitioner’s resistance they left the place. However, they subsequently, pressurised the petitioner and members of her family and threatened them with dire consequences and therefore, the present Writ Petition is filed praying to pass appropriate orders.

5. On the other hand, learned Standing Counsel for APTRANSCO submitted that in view of Section 16 (4) of the Telegraph Act, 1885, the present Writ Petition is not maintainable before this Court.

He further submitted that as per the provisions of Section 10 of the Indian Telegraphic Act, 1995 and Section 164 of the Electricity Act, 2003, the authorities are authorized to lay the electrical towers and draw the electrical line across the land of the petitioner.

Further, it is submitted that as held by the Hon’ble Apex Court Power Grid Corporation of India Limited v. Century Textiles and Industries Ltd1, the petitioner is not entitled for any prior notice to submit objections for laying electrical towers. He also submitted that, the said principle laid down by the Hon’ble Apex Court was followed by this Court in W.P.No.10751 of 2020, dated 17.06.2021 in between P.S. Manjunath and Transmission Corporation of Andhra Pradesh Limited.

6. Perused the record.

7. On a perusal of Section 10 of the Indian Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003, it is clear that the respondent-authorities are authorized to lay electrical towers and draw electrical lines across any land.

Section 10 of the Indian Telegraph Act, 1885 reads as follows:

“10. Power for telegraph authority to place and maintain telegraph lines and posts – The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along, or across, and posts in or upon any immovable property:

Provided that –

a. the telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the [Central Government], or to be so established or maintained;

b. the [Central Government] shall not acquire any right other than that of user only in the property under, over, along, across

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in or upon which the telegraph authority places any telegraph line or post; and c. except as hereinafter