Madhusudan Jaikisan Bhaiya And Another v. Maharashtra State Electiricity Transmission Co. Ltd. Through Its Executive Engineer And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 423/2012 Madhusudan Jaikisan Bhaiya & anr.

..VS..

MSETC Ltd. & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P. DHARMADHIKARI, J.

DATED : 14 /09/2018 1] Heard Advocate Tapadia holding for Advocate Mundra, Advocate Moharir and Ms. K.R. Deshpande, learned AGP.

2] The controversy involved is about order dated 22/07/2011 passed by the respondent no. 2 under Section 16 of the Indian Telegraph Act, 1885 read with Electricity Act 2003.

3] It is not in dispute that as per that order, the work of erection of towers connecting them and charging are all over.

4] In this situation, this Court has already found that only remedy is to approach District Court for recovery of damages. One such view is taken on 30/01/2018 while deciding W.P. No. 1040/2012 by me.

5] In this situation, keeping relevant contentions having bearing on damages and compensation open and with

2 wp423.12 liberty to petitioners to take necessary steps as per law in that respect, present writ petition is disposed of as infructuous. Rule discharged. No costs.

JUDGE Ansari