PATEL ANAND BHURA Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner who is a original plaintiff instituted Regular Civil Suit No. 206 of 1988 in the Court of the Civil Judge (Senior Division) at Junagadh, against the respondents who are original-defendants for declaration and perpetual injunction. The plaintiff inter alia contended that he is the owner and occupier of agricultural land bearing Survey No. 149/1 situated at the outskirts of village Vadal. One neighbour having adjacent land had applied to the authorities of GEB for obtaining electric Connection to run electric motor for irrigation purposes.

(2.) The respondent-authority for the supply of electricity desired to install electric poles and electric wires through the land of the petitioner which, according to the case of the petitioner, is an illegal act. The respondent authority has as such installed the electric poles in the suit field. The case of the petitioner is that without his written consent the respondent-Electricity Board is not entitled to install the poles and wires in his property. He also claimed that he will suffer irreparable loss if the illegal action of the Electricity Board is not prevented.

(3.) The petitioner also sought for interlocutory injunction by giving application, exh.5, restraining the respondent-authorities from installing electric poles and electrical wires in his field till the suit is finally disposed of. The ad-interim injunction was granted on 24th March 1988 and after hearing the respondent-authorities the ad-interim injunction was confirmed by passing an order on 1st July 1989 below exh. 85.