IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15637 of 2025 ==========================================================

THE ENGINEER ,POWERGRID KHAVDA IIB TRANSMISSION LTD.

Versus PATEL JADAVBHAI KUVARJIBHAI & ORS.

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Appearance:

MOSON LE EXPARTS(11071) for the Petitioner(s) No. 1 MR SUDHIR NANAVATI SENIOR ADVOCATE WITH MR AKSHAT KHARE(5912) for the Petitioner(s) No. 1 MR SHIVAM PARIKH AGP for the Respondent(s) No. 2,3 MR MAULIK SONI, ADVOCATE for the Respondent No.1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 18/11/2025

ORAL ORDER

[1] Heard learned Senior Advocate Mr. Sudhir Nanavati, assisted by learned advocate Mr. Akshat Khare, appearing for the petitioner – original defendant No.1. Learned Assistant Government Pleader Mr. Shivam Parikh appears for respondent Nos.2 and 3 – the State authorities. Learned advocate Mr. Maulik Soni states that he has instructions to appear on behalf of respondent No.1 – the original plaintiff.

[2] Learned Senior Advocate Mr. Sudhir Nanavati, appearing for the petitioner, submits at the outset that respondent No.1 – original plaintiff has instituted Special Civil Suit No.21 of 2025 before the learned Principal Senior Civil Judge, Dhrangadhra, wherein the following reliefs have been prayed for:

“The Plaintiff seeks the following relief by this suit that:-

(1) It is humbly requested that this Hon'ble Court be pleased to declare and hold that Respondent No. 1 PowerGrid Company, their responsible officers, and the District Magistrate of Surendranagar, under Section 16(1) of the Telegraph Act, have no right or authority to establish electricity lines/wires for the Lakdiya-Vadodara 765 KV Double Circuit Power Line in the agricultural land bearing Survey Number, measurements, description, and four boundaries as specified in Para (2) of the Plaint Application, which is in the ownership and possession of the Plaintiff.

(2) Be pleased to pass an order of permanent injunction against Respondent No. 1, restraining the Engineer of the PowerGrid Company, or any of the Company's officers, or the contractors given the electricity line contract, or their agents, servants, laborers, or any Attorney from entering the land described in Para (2) of the Plaint Application—which is in the ownership and possession of the Plaintiff in Vavdi village, Dhrangadhra Taluka, with specific survey numbers, measurements, description, and four boundaries—and from establishing any electricity lines/wires therein, without completing the legal procedure under Section 16(1) of the Telegraph Act, 1885, and without obtaining the order/permission from the District Magistrate, Surendranagar, to establish the electricity line/wire in the Plaintiff's land.

(3) It is humbly requested that an order be passed restraining Respondent Nos. 2 and 3, the District Magistrate, Surendranagar, from granting permission to establish electricity lines/wires in the Plaintiff's land under Section 16(1) of the Telegraph Act, and from issuing any order to grant police protection to Respondent No.1 company or its officers until such time as permission is granted.

(4) Further, it is humbly requested that all costs of this suit be ordered to be paid by Respondent No. 1.

(5) It is requested that any other relief available under the principles of justice and equity be granted in favor of the Plaintiff.”

[3] Learned Senior Advocate Mr. Nanavati further submitted that, during the pendency of the suit, the petitioner had filed an interim application at Exh. 140 seeking temporary injunction. In that application, the learned Additional Senior Civil Judge, Dhrangadhra, by order dated 10.11.2025, granted an ad-interim injunction, restraining the petitioner – original defendant No.1 from carrying out any work without obtaining prior permission from the Collector, Surendranagar.

Mr. Nanavati submitted that Special Civil Suit No.21 of 202