Gujarat High Court
Dalwadi Pramodkumar Dayarambhai vs Union Of India on 19 February, 2026
NEUTRAL CITATION
C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2069 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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Approved for Reporting Yes No
No
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DALWADI PRAMODKUMAR DAYARAMBHAI & ORS.
Versus
UNION OF INDIA & ORS.
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Appearance:
MR VICKY B MEHTA(5422) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,3,4,5,6,7,8,9
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
MR VAIBHAV SHARMA AGP for the Respondent(s) No. 2,3,4
MR AKSHAT KHARE for the Respondent(s) No.5
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 19/02/2026
ORAL JUDGMENT
1. By the present writ petition, the petitioners are praying for the following reliefs:-
"8a) Your Lordships may be pleased to admit and allow this petition;
b) Your Lordships may be pleased to issue appropriate writ in the nature of mandamus or any other appropriate writ, order or direction in the nature of mandamus by quashing and setting aside the notification published in the gazette by the Ministry of Power under section 164 of the Electricity Act, 2003 at ANNEXURE-A;
c) Your Lordships may be pleased to issue appropriate writ in the nature of certiorari or any other appropriate writ, order or direction in the nature of certiorari by quashing and setting aside the order dated Page 1 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined 17.06.2025 passed by the respondent no. 3 Collector and District Magistrate, Surendaranagar under section 16(1) of the Indian Telegraph Act, 1885 being MJS-3/VIJ DHARA HUKAM/REG.No. 18-2025 at ANNEXURE-I;
d) Pending admission and final disposal of the petition, this Hon'ble Court be pleased to stay the execution, implementation and operation of the notification published in the gazette by the Ministry of Power under section 164 of the Electricity Act, 2003 at ANNEXURE-A in the interest of justice;
e) Pending admission and final disposal of the petition, this Hon'ble Court be pleased to stay the execution, implementation and operation of the order dated 17.06.2025 passed by the respondent no. 3 Collector and District Magistrate, Surendaranagar under section 16(1) of the Indian Telegraph Act, 1885 being MJS-3/VIJ DHARA HUKAM/REG.No. 18-2025 at ANNEXURE-I in the interest of justice;
f) Your Lordships may be pleased to grant such other further relief/s that may be deemed fit and proper in the interest of justice."
2. It is the case of the petitioners that the petitioners have received notice from the respondent No.3 Collector informing that the respondent No.5 has sought permission under Section 16(1) of the Indian Telegraph Act, 1885 ["Act, 1885" for short] for removal of obstructions. The petitioners herein submitted an application seeking adjournment and request for providing certain documents so as to enable them to file their objections to the proceedings under Section 16(1) of the Act, 1885. The learned advocate for the petitioners submits that the respondent No.3 Collector by the impugned order dated 17.06.2025 has Page 2 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined granted permission to the respondent No.5 for erection of the transmission towers. He submits that while passing the impugned order, the respondent No.3 Collector has also ordered the compensation to be given at the rate of Rs.937 per sq. mt.
The learned advocate for the petitioners submits that the fixation of the rate of compensation is not tenable under Section 16(1) of the Act, 1885. He submits that to that extent, the impugned order is bad in law.
2.1 In support of his contention, learned advocate for the petitioners has relied upon the order dated 20.06.2022 in Special Civil Application No.10339 of 2020 passed by the Coordinate Bench of this Court wherein the fixation of the compensation has been quashed and set aside and the petitioners have been granted liberty to avail remedy in respect of sufficiency of compensation under Section 10(d) of the Act, 1885. The learned advocate for the petitioners submits that in the present case, the order dated 31.01.2025 published in the Gazette of India does not specify as to what procedure was followed by the respondent No.5 while obtaining such order. He submits that though the order includes the names of the villages through which the transmission lines shall be passing. However, Page 3 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined no specific survey number is mentioned in the said Gazette. He submits that to the extent the order does not mention specific survey numbers, the same is bad in law. In support of his contention, learned counsel for the petitioners has relied upon the judgment of the Division Bench of the Punjab and Haryana High Court in Letters Patent Appeal No.813 of 2017 wherein by order dated 04.07.2024, the Division Bench has held that the Government Notification was bad in law since the prior approval of the Government was taken without any basis. Further, it was observed that the Notification itself contemplated for two months notice in the Official Gazette and in two newspapers for seeking objections and suggestion from the persons concerned, which will be duly considered by the corporation. The Division Bench in the said case found that no such procedure has been followed by the corporation therein and therefore, it was directed that the corporation shall undertake the exercise afresh by giving necessary details of the lands over which the lines are liable to pass. The learned counsel, therefore, submits that the present writ petition be allowed and the order dated 31.01.2025 of the Ministry of Power granting permission under Section 164 of the Electricity Act, 2003 ["Act, 2003" for short] be quashed and set aside.
Page 4 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined
3. Per contra, Mr. Akshat Khare, learned advocate for the respondent No.5 submits that complete procedure has been followed in the present case while obtaining the permission under Section 164 of the Act, 2003. He submits that the present project is for laying of dedicated overhead transmission line for "Transmission System for evacuation of additional 7 GW RE power from Khavda RE park under phase-III Part B". He submits that the order itself records the procedure undertaken by the transmission corporation while obtaining permission under Section 164 of the Act, 2003. He submits that after following all necessary formalities, the Central Government has granted necessary permission and authorization under Section 164 of the Act, 2003. The learned counsel submits that the said order dated 31.01.2025 cannot be challenged on the vague grounds.
No specific contravention has been pointed out by the petitioners. He, therefore, submits that the present writ petition be dismissed.
4. Heard learned counsels for the parties, perused the documents on record and considered the submissions.
5. The petitioners herein are challenging the erection of Page 5 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined transmission towers on their lands on various grounds. By the impugned order dated 17.06.2025, the respondent No.3 Collector has passed the order under Section 16(1) of the Act, 1885 removing the obstructions raised by the petitioners. By the impugned order, the respondent No.3 Collector has considered the relevant factors. The impugned order is just and proper and no infirmity can be attached to it.
6. With respect to the contention of the learned advocate for the petitioners that the specific survey numbers ought to be mentioned in the notice and the reliance placed on the orders passed by the Punjab and Haryana High Court in Civil Writ Petition No.10449 of 2016, dated 30.03.2017, which has been upheld by the Division Bench in LPA No.813 of 2017, by order dated 14.05.2019, and further affirmed by the Honorable Apex Court, vide order dated 21.10.2019 in Special Leave Petition (Diary) No.33033 of 2019, suffice it to say that in the said proceedings, the notification as reproduced in the said proceedings was totally vague. It did not even mention the areas through which the transmission line was to pass. Further, no prior government approval was also taken in the said case and no survey report was placed on record even though relied upon Page 6 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined in the said proceedings. The said judgment and order is distinguishable and not applicable in as much as in the present case, the notification dated 31.01.2025 clearly spells out the areas through which the transmission lines are to be laid through. Proper procedure has been followed by the respondent No.5. Further, necessary approvals in the present case have already been obtained prior to the initiation of the installation of the transmission towers. It is not the case of the petitioner herein that no procedure has been followed in the present case.
Therefore, the said contention of the learned counsel for the petitioner is liable to be rejected.
7. The Division Bench of this Court while dealing with similar issue in the case of Gujarat State Energy Transmission Corporation Ltd vs. Ratilal Maganji Brahmbhatt (Barot), reported in 2021 (4) GLR 2642 has passed the following directions:-
"58.1 The Part III of the Telegraph Act, 1885, deals with the Power to place "Telegraph Lines and Posts" and there are other provisions in the said Act, applicable to all the properties. As seen from the plethora of cases, the powers conferred on the telegraph authority to place and maintain telegraph lines and towers, are traceable to Sections 10, 11 and 14 of the Act, 1885 and by virtue of Section 164 of the Electricity Act, 2003, it is conferred on any public officer, licensee or any other person engaged in the business of supplying electricity.
58.2 As per Clause (c) to Section 10, the authority can exercise Page 7 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined its powers in respect of the property of a local authority only, by obtaining permission of that authority, whereas, no such permission is required in relation to the property of others. Section 10 does not contemplate notice to an owner or occupier of land to show cause against laying of a line and it authorizes the telegraph authority, to place a telegraph line under, over, along or across any immovable property. The proviso makes it clear that the licencee or any other authorised person does not acquire any right, other than that of user of the property. The right conferred on the land owner is only to seek for payment of compensation for any damage sustained by him, by reason of exercise of the powers.
58.3 Section 10 of the Indian Telegraph Act, 1885, confers a legal sanction to a telegraph authority to enter into any private property, subject to the condition that, while entering into the property and during the course of execution of any work, the telegraph authority is under an obligation to cause as little damage, as possible, and shall pay full compensation to all the persons interested for any damage sustained by them, while exercising the powers conferred under Section 10 of the Act.
58.4. When power of the telegraph authority to enter into any private property, is subject to the conditions to cause as little damage as possible, and when there is a provision for payment of compensation, the question as to whether, the said authority should seek for consent from the owner of the property, or provide him an opportunity of hearing before entering into the property, does not arise. However, the land owner may be informed of the work to be executed.
58.5 Since the powers under Section 10 of the Indian Telegraph Act, 1885, can be exercised without acquiring the land in question, once an order is passed by the appropriate government under Section 164 of the Electricity Act, 2003, the public officer, licensee or any other person engaged in the business of supplying electricity shall be entitled to proceed with the works of placing the electric lines without acquiring the land in question. Usage of the land by the licencee or the authorised person, does not amount to acquisition.
58.6 Section 164 of the Electricity Act, 2003, empowers the State Government to confer, by an order in writing, powers which the telegraph authority possesses under the Indian Telegraph Act, 1885, with respect to placing of the telegraph lines and posts, on any public officer, licensee or any other person engaged in the business of supplying electricity under that Act, for placing of electrical plants and electric lines, in terms of Section 2(20), which defines "electric line", as any line which is used for carrying electricity for any purpose and includes--Page 8 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026
NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined "(a) any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended; and
(b) any apparatus connected to any such line for the purpose of carrying electricity; "
58.7 The power conferred on any public officer, licensee or any other person engaged in the business of supplying electricity under the Electricity Act, for the abovesaid purpose, may be subject to such conditions, if any, the Government may deem fit to impose and also subject to the provisions of the Indian Telegraph Act, 1885.
58.8 The authorisation, in terms of Section 164 of the Electricity Act, 2003, read with Section 10 of the Indian Telegraph Act, 1885, authorising the public officer or licencee or any other person engaged in supplying electricity, all the powers of the Telegraph Authority, which includes the power to enter into any private property, subject to the condition that while entering into the property and the public officer or licensee or any other person, authorised under the Act, is under an obligation to cause as little damage as possible, with a guarantee for payment of compensation for the owner of the land or the persons interested.
58.9 Sections 16 and 17 respectively of the Indian Telegraph Act, 1885, do not limit the absolute powers of the telegraph authority to enter into any property for the purpose of enforcement of Section 10 of the Indian Telegraph Act, 1885, read with Section 164 of the Electricity Act, 2003, by which, the public officer or licensee or any other person engaged in the business of supplying electricity under this Act, is empowered to exercise all the powers, for the purpose of placing electrical plant, line, erection of towers, conductors, poles, etc. 58.10 The intention of the Legislature, is to provide electricity, in terms of Section 43 of the Electricity Act, 2003. When the purpose of the Act, is to provide the basic amenity of electricity to the public at large, and if every objection/resistance has to be entertained under Section 16(1) of the Indian Telegraph Act, 1885, then it would render Section 10 of the Indian Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003, meaningless, thereby, the power conferred on the telegraph authority to enter into any property, subject to causing, as little damage as possible, with an assurance of payment of compensation to the damage, if any, would be redundant.
58.11 If Section 16(1) of the Act, has to be construed, conferring a Page 9 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined right on the landowner to seek for an opportunity of prior notice or consent, then the very purpose of Section 10 of the Indian Telegraph Act, 1885 and Section 164 of the Electricity Act, 2003, would be defeated.
58.12 Vis-a-vis Section 185 (2) (b) of the Electricity Act, 2003 and Section 12 (2) of the repealed Indian Electricity Act, 1910, under which the consent of the owner or occupier is essential and on the issue, as to the enforceability of Section 12 of the Act, until the Rules are made under Section 67 of the Electricity Act, 2003, consent of the owner or occupier is necessary, only in the absence of any order, passed under Section 164 of the Electricity Act, 2003.
58.13 Having taken into consideration the relevant provisions of the Indian Telegraph Act, 1885 and Electricity Act, 2003 and analysis of Section 67 and section 164 of the Electricity Act, 2003, the legal position is that, whenever an order is passed by the appropriate Government, in exercise of powers under Section 164 of the Electricity Act, 2003, for placing of electric lines for the transmission of electricity, conferring upon any public officer, licensee or any other person engaged in the business of supplying electricity any of the powers which the telegraph authority possesses under the Indian Telegraph Act, 1885, with respect to the placing of telegraphic lines and posts for the purposes of a telegraph established by the Government, such public officer, licensee or any other person engaged in the business of supplying electricity, exercises all the powers, as that of the telegraph authority, under the Indian Telegraph act, 1885.
58.14 However, in the absence of such an order under Section 164 of the Electricity act, 2003, if a licensee i.e., a person who has been granted a licence to transmit electricity or to distribute electricity under the Act, proposes to place electric lines, electric plant or other works necessary for transmission or supply of electricity, Section 67 of the Electricity Act, 2003 comes into operation and consequently, prior consent of the concerned owner or occupier, may be required, under Section 12 (2) of the Indian Electricity Act, 1910.
58.15 The provisions of the Works of Licensees Rules, 2006 made under Section 67 (2) of the Electricity Act, 2003 are in pari materia to Section 12 of the repealed Indian Electricity Act, 1910. The Works of Licensees Rules, 2006 are applicable, only in a case, where the works have been taken up by the licensee, under Section 67 (1) of the Electricity Act, 2003. But Section 67 (1) of the Electricity Act, 2003, as well as the rules made under Section 67 (2) would govern the field, only in the absence of an order, under Section 164 of the Electricity Act, 2003.
Page 10 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined 58.16 Section 16 states that if there is any resistance or obstruction, the District Magistrate may in his discretion, order that the telegraph authority shall be permitted to exercise all the powers. Further, after such an order, a person offering any further resistance is deemed to have committed offence under Section 188 of the Indian Penal Code. Once the technical feasibility of the project, has been approved by the appropriate Government, by issuing an order under Section 164 of the Electricity Act, 2003, no land owner or person interested can seek for shifting or re-aligning of the route, on the premise that the District Collector-cum-District Magistrate, has the powers to do so. The District Collector has no powers to alter any route or alignment, except to remove the difficulties faced by the licencee or the person authorised, pursuant to the orders issued under Section 164 of the Act.
58.17 If the intention of the Legislature was to seek for consent or permission from every owner and if the right of such owner has to be recognised, in terms of Section 16(1) of the Telegraph Act, due to resistance/obstruction, then the execution of any work or project, would be stopped at every stage. Needless to state that the execution of works, involving erection of towers and connection of overhead lines, is done, only after a detailed field study, by identifying a feasible route of the proposed transmission line, and while selecting suitable corridors, residential areas to be avoided, span length, the angle of deviation, extent of damage, likely to be caused, while erecting towers, maintenance cost of electric lines and towers and other factors, have to be considered. Public interest, in providing electricity to a large section of people and industrial establishments, etc., has to be given weightage over private interest.
58.18 If the authorities have to recognize the right of obstruction or resistance, in terms of Section 16(1) of the Indian Telegraph Act, 1885, then the moment, any notification is published, all the landowners or interested persons, who have the knowledge of the commencement of any development work, would immediately resist or obstruct the work, and may even seek for re-location or if the towers, posts had already been erected, may seek for re-alignment or removal of towers and plants, erected by the public officer or licensee or any other person, engaged in the business of supplying electricity, authorised to carry out the works, in terms of an order passed by the appropriate Government, under Section 164 of the Electricity Act, 2003.
58.19 When a project involves huge expenditure, erection of many towers at various places and when such project involves, greater public interest, then even a single owner, under the pretext of making objections/resistance, would attempt to stall the process of execution of the project. When entry into any property is legally authorised, with payment of compensation to the land owner, no Page 11 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined prior consent is required.
58.20 The Apex Court and other Courts in India, have categorically held that the action of the licencee or the competent authority, in erecting poles or posts, in the property or drawing lines over the property, does not amount to acquisition of lands and it amounts to only user of the property to the extent indicated and therefore, there is no requirement to intiate any land acquisition proceedings, giving opportunity to the land owners, when execution of the work, is ordered under Section 164 of the Act and accordingly, carried out by the licencee or any other competent authority.
58.21 Even if any Court issues any directions to consider the representation of any land owner or person interested, such directions are required to be considered only to the limited extent of payment of compensation, to be given by the licencee or the competent authority and the directions issued, if any, would not empower the District Collector- cum-District Magistrate, to pass any order, contrary to the orders, passed under Section 164 of the Act.
58.22. When the appropriate Government passes an order under Section 164 of the Act, the Collector is bound by the said order, and he is not superior to the Government, to hold that the Government has erred in passing an order, under Section 164 of the Act, authorising the licencee or the competent authority to carry out the work, in the route, which involves Techno-Economic Consideration.
58.23 The Act confers powers to the Telegraph Authority to determine the property over which the lines are to pass or posts to be erected. The powers of the District Magistrate-cum-District under Section 16(1) of the Indian Telegraph Act, 1885, does not extent to any adjudication, as to from where and how, the line has to be drawn over any specific item of the property or where posts have to be erected or not, in any specific item of the property.
58.24 The Power of the District Magistrate is confined only to the extent of exercising his discretion in granting permission to the Telegraph Act, to execute the work, when an application is made by the licencee or the competent authority.
58.25. Section 10 of the Indian Telegraph Act gives legal sanction to the licencing authority to enter into any property, to lay poles or posts or draw electric lines. But while doing so, the damage of the property should be less. If there is any resistance, the licencee or the authorised person may approach the District Magistrate-cum-District Collector, to grant permission.
58.26. Once the power is conferred on the licencee or any other competent authority, there can be no objection to the implementation Page 12 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined of the scheme, on the principles of natural justice or on the ground of unauthorised use of the land.
58.27. The legislature has conferred powers on the appropriate Government to authorize a public officer or a licencee, etc., under the Electricity Act to exercise the specific powers of an authority under the Indian Telegraph Act, 1885. The authorisation may be general in favour of a transmission company or in a given case, special. The route is decided by the transmission company. The decision to mark a route for laying an electric line is a highly specialized and technical. At that time, it is unrelated to any specific land owner. The route may be for over hundreds of kilometers passing over Government lands, lands of local authorities and private lands and it may not be practicable to hear the land owners along the entire route.
58.28. Having regard to the specialized and technical nature of the task, and the fact that the lines are laid for distribution of electricity, it is the view of this Court that, the Legislature has not provided for any notice or hearing to the public at large, or to the land owners. Therefore, when the appropriate Government authorises a person or any body under the Electricity Act, to exercise the powers of the Telegraph Authority, all the powers under the Indian Telegraph Act, 1885, are meant to be exercised.
58.29. The Electricity Act, 2003, is a progressive enactment, with a specific purpose of providing electricity to a large number of people, across the country, to promote industrial and sustainable development in all walks of life. Right of a land owner to possess and enjoy the property, though recognised as a Constitutional Right, under Article 300-A of the Constitution of India, such right has to yield to the Articles 14 and 21 respectively of the Constitution of India, which strive to achieve the Constitutional Goals, enshrined in the basic structure of the Constitution of India. [see T. Bhuvaneswari vs. The District Collector cum District Magistrate, Erode District, Erode, W.P. No.18548 of 2013, decided on 19.11.2013]"
The said judgment and order has been upheld by the Hon'ble Apex Court by the order dated 18.01.2021 passed in S.L.P. (Civil) No.15346 of 2026.
8. In the overall perspective of the present matter, no case is made out by the petitioners for grant of any reliefs as prayed in Page 13 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026 NEUTRAL CITATION C/SCA/2069/2026 JUDGMENT DATED: 19/02/2026 undefined the present writ petition. The present writ petition is devoid of merits and is accordingly, dismissed. No order as to costs.
Sd/-
(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 14 of 14 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Sat Feb 21 2026 Downloaded on : Sat Mar 14 03:25:34 IST 2026