Patel Vasudevbhai Hargovandlal vs District Magistrate And ...
2023 Latest Caselaw 2749 Guj

     C/SCA/25217/2022                                  ORDER DATED: 03/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 25217 of 2022

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                PATEL VASUDEVBHAI HARGOVANDLAL
                             Versus
        DISTRICT MAGISTRATE AND COLLECTOR, GANDHINAGAR
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Appearance:
NAMAN H KINKHABWALA(8831) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,2,3,4,5,6,7,8,9,9.1,9.2
MR MANRAJ BAROT, AGP for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1,4
MR SP HASURKAR(345) for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 03/04/2023

                                 ORAL ORDER

1. The present petition is filed challenging the

judgment and order dated 12.9.2022 passed in (F) CMA No.113 of 2021 by the learned 3th Additional District

Judge, Gandhinagar, by which the application of the

petitioners for compensation preferred under the

provisions of the Indian Electricity Act, 2003 and Section

16(3)of the Indian Telegraphs Act, 1885.

2. Heard learned advocate Mr.Naman

Kinkhabwala for the petitioner, learned AGP Mr.Manraj

Barot for respondent no.1, learned advocate

C/SCA/25217/2022 ORDER DATED: 03/04/2023

Mr.S.P.Hasurkar for respondent nos.2 and 3 and perused

the impugned order.

3. On perusal of the impugned order, it is

transpired that the learned lower Court has mainly

relied on Section 9 of the Civil Procedure Code and

came to the conclusion that the Court has no jurisdiction

to entertain such application.

4. Considering the tenor of the application filed

by the present petitioner for compensation before the

learned lower Court and considering the impugned order,

it cannot be said that the provisions of Indian Telegraph

Act are not applicable to the application filed by the present petitioners. Moreover, it seems that the learned

trial Court, in the impugned order, has misconstrued the

provisions of Section 9 of Civil Procedure Code and the

judgments which are cited at the bar pertains to

compensation awarded by the Courts, which fact is not

properly considered by the learned Court below while

passing the impugned order.

5. At this stage, it is relevant to quote Section

C/SCA/25217/2022 ORDER DATED: 03/04/2023

16(3) of the Telegraph Act which reads as under:

"16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority -

(1) xxxx (2) xxx (3) If any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situated, be determined by him. (4) xxxx (5) xxxx

Section 9 of the Civil Procedure Code reads as under:

"Courts to try all civil suits unless barred - The Court shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred."

6. In view of the aforesaid position of law, the

impugned order is erroneous, improper and required to

be interfered with by this Court.

C/SCA/25217/2022 ORDER DATED: 03/04/2023

7. Accordingly, this petition is allowed. The

judgment and order dated 12.9.2022 passed in (F) CMA

No.113 of 2021 by the learned 3th Additional District

Judge, Gandhinagar is quashed and set aside. The

matter is remanded back to consider the same afresh,

after giving opportunity of hearing to the parties and

decide and dispose of the same within three months from

the date of receipt of this order.

(SANDEEP N. BHATT,J) SRILATHA