Advocates:
['CHANDRA SHEKHAR KOTWANI', '', 'SWATI SHEKHAR', 'CHETAN PRAKASH SONI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Civil Writ Petition No. 34/2022

1.

Maga Ram S/o Sh. Dooda Ram, Aged About 23 Years,

Resident Of Village Tejiyavas, Tehsil Guda Malani, Daboi,

District Barmer, Rajasthan.

2.

Punama S/o Sh. Haraji, Aged About 28 Years, Resident Of

59, Sakari Nadi Eriya, Tejiyavas, Tehsil Guda Malani,

District Barmer, Rajasthan.

3.

Khuma Ram S/o Sh. Hira Ram, Aged About 48 Years,

Resident Of Peeprali, Tehsil Guda Malani, District Barmer,

Rajasthan.

----Petitioners

Versus

1.

The State Of Rajasthan, Through Secretary, Department

Of Energy, Jaipur, Rajasthan.

2.

The District Collector, Barmer.

3.

Superintending Engineer, Rajasthan Rajya Vidyut Prasaran

Nigam Limited, Barmer, Rajasthan.

4.

Barmer Power Transmission Services Limited, 31 (A), 6Th

Floor, Plot No. 5, Swej Farm, Mahima Trinity, New

Sanganer Road, Jaipur, Rajasthan (302019).

----Respondents

For Petitioner(s)

:

Mr. Chandra Shekhar Kotwani

For Respondent(s)

:

Mr. Chetan Prakash Soni

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

18/10/2022

The petitioners through the medium of this public interest

litigation are trying to assail the laying and installation of high

tension lines and GSS under the notification dated 11^th September,

2017.

(2 of 2)

[CW-34/2022]

The controversy raised in this writ petition is squarely

covered by the Division Bench decision of this Court dated

01.09.2022 rendered in D.B.C.W.P. No.12649/2022 [Kailash Ram

& Ors. Vs. State of Rajasthan & Ors.]. The said decision has been

given after due consideration to the decision of Gujarat High Court

in the case of Gujarat State Energy Transmission Corporation

Limited Vs. Ratilal Maganji Brahmbhatt (Barot) reported in

AIR 2021 CC 1044 wherein, the Court dealing with the

provisions of the Telegraph Act, 1885 and the Electricity Act, 2003

has held that where electricity transmission lines are being laid in

furtherance of notification issued by the appropriate Government

and the said notification is not under challenge, the Court would

not be required to go into the validity thereof. The alignment of

the overhead lines having been decided by the competent

authority after following the due process of law is not liable to be

interfered with by the Courts that too in exercise of power of

judicial review or exercise of extraordinary jurisdiction under

Article 226 of the Constitution of India.

In view of the aforesaid facts and circumstances, laying of

high transmission lines and GSS way back in the year 2019 by

following due process of law are not liable to be interfered with

and the petition is accordingly dismissed.

(SANDEEP MEHTA),J

(PANKAJ MITHAL),CJ

79-Jayesh/-