BINANI ZINC FIBRE Vs. PANDURANG HARISCHANDRA TORASKAR

JUDGEMENT

(1.) THIS Revision Application arises from order dated 26th June, 1998 passed in Regular Civil Suit No. 2/96/a by the Civil Judge, Senior Division, Bicholim. By the impugned Order, the trial Court has answered the following issue in negative:-"whether the defendant No. 1, 2 and 3 prove that this Court has no jurisdiction to entertain and try the present suit as the working of 110 KV S. C. Tower line is being done under Electricity Act, 1910 and Indian Telegraphic Act, 1885 under which only the District Magistrate i. e. the Collector, North Goa has jurisdiction. "

(2.) THE facts in brief relevant for the decision are that the respondent No. 1 herein has filed a suit seeking to restrain the petitioners and the respondents No. 2 to 4 from "taking proposed supply of electricity and/or from carrying any work in that regard to the suit property belonging to respondent No. 1". The contention of the respondent No. 1 is that the petitioners and the other respondents proposed to provide electricity supply of 110 KV through and/or even the suit property without the consent of the respondent No. 1 and without following the due process of law. On the other hand, it is the case of the petitioners and the other respondents that the Civil Court has no jurisdiction to entertain and try the suit since according to them they are doing the work of 110 KV/sc Tower Line under Indian Electricity Act, 1910 and Indian Telegraph Act, 1885 under which only District Magistrate i. e. Collector, North Goa has jurisdiction to entertain the grievances of the public and that the grievances of the respondent No. 1 had been dealt with by the District Magistrate and the petitioners and the other respondents are ready to pay compensation as may be decided by the District Magistrate or the Court.

(3.) THE trial Court on the basis of the pleadings had framed the above quoted issue and after hearing the parties has answered the same in the negative by the impugned order.