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Judgment
B.S. Patil, J.—In this writ petition, petitioner is seeking a writ of mandamus against the respondents to consider the application representation submitted by him on 28.10.2013 to the 2nd respondent seeking removal of the power line passing on the property of the petitioner so as to enable him to construct a house.
Petitioner claims to have purchased the property bearing No. 190, Old Janjer No. 209 & New Janjer No. 241 measuring 68'' X 33'' situated in Abbur Village, Kasaba Hobli, Periyapatna Taluk in Mysore District. Petitioner has filed a suit seeking a decree of permanent injunction against the 4th respondent and others. There appears to be some dispute pending inter se between the petitioner, the 4th respondent and others. However, we are not concerned with the same in this writ petition. The grievance made by the petitioner is that as the electric line has been already drawn over the property purchased by the petitioner and as the same is coming in the way of the petitioner putting up construction over the same, he has made a request by submitting an application addressed to the CHESCOM, Mysore, to remove the electric line from the existing place to enable the petitioner to put up construction. As the said application is not considered, petitioner has approached this Court.
I have heard the learned counsel for the petitioner and Sri Rudragowda, learned counsel appearing for respondents 2 & 3. There is a procedure provided under the Indian Telegraph Act, 1885 (for short, ''the Act'') as per Section 17 for removal of telegraph line or post, on property other than that of a local authority. The property in question does not belong to the local authority, but belongs to a private individual. Therefore, Section 17 of the Act applies. When such an application is made seeking removal of the line, the authority has to act in accordance with the provisions contained under Subsection (1) of Section 17 of the Act. If the authority fails to comply with the request, the petitioner will be at liberty to apply to the District Magistrate within whose jurisdiction the property is situated seeking an order for removal of the line. Whereupon, the District Magistrate is clothed with power under Sub-section (3) of Section 17 of the Act to pass appropriate orders. Now that the petitioner has made an application to the Chief Engineer, CHESCOM, Mysore, "it is for the petitioner to pursue the matter before the Chief Engineer and in case, his request is not favourably considered, he has an alternative remedy to approach the District Magistrate.
Therefore, this writ petition cannot be entertained at this stage. Reserving liberty to the petitioner to avail the remedy as provided u/s 17 of the Act, this writ petition is disposed of.