GOMTIBEN KESHAVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to join Collector and District Magistrate as party respondent no. 4.

(2.) Mr. Hasurkar, learned advocate for the respondent no .3 states that an application under Section 16 of the Indian Telegraph Act, 1885 (for short 'the Telegraph Act ') was filed before the concerned Collector/District Magistrate and the order dated 06.01.2020 annexed to the affidavit filed with the Civil Application is an order so passed in accordance with the provisions of Section 16 of the Telegraph Act.

(3.) Perusal of the order indicates that the same is in complete violation of the law laid down by this Court in the case of Jaisinh Parshottambhai Patel vs. Essar Power Transmission Company Limited [2015 JX (Guj) 895]. It shall be worthwhile to reproduce paragraph no. 6 of the said decision which reads as under: