ORDER
K.A. Swami, J.
1. The respondents are represented. Though these petitions are posted in the category of preliminary hearing, Rule issued and the same are heard for final disposal.
2. In these petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for the following reliefs:-
“Wherefore the petitioners pray that this Hon’ble Court may be pleased to issue a Writ in the nature of Mandamus directing the respondents not to undertake the execution work including the stringing of electrical wire for laying 220 K.V.A. line from Davanagere to Hiriyur in so far as it relates to the execution of work over the lands belonging to the petitioners are concerned and pass such other order as the Hon’ble Court deems fit in the circumstances of the case in the interest of justice.”
3. The grievance of the petitioners is that the first petitioner is the owner in occupation of land measuring 17-15 acres comprised in Survey No. 149 of G.R. Hally, Chitradurga Taluk and the second petitioner is the owner in occupation of the land measuring 12-31 acres comprised in Survey No. 18 of G.R. Hally village. In both these lands, in certain portions, according to the case of the petitioners, they have raised valuable crops; that the respondents, with a view to draw electric lines over the aforesaid land, are trying to trespass and cause damage to the standing crops. Therefore, the petitioners have sought for the aforesaid reliefs.
4. On the contrary, it is contended on behalf of the respondents that as per the provisions contained in Sections 10 to 19 and 19A of the Indian Telegraphs Act, 1885 read with the Order dated 22/25 July 1969 issued by the State Government in exercise of the powers conferred by Section 51 of the Indian Electricity Act, 1910, they are entitled to enter upon the lands of the petitioners for the purposes of executing the work of fixing the electric poles and drawing the electric lines.
5. The matter is no more res integra. Similar question came up for consideration before this Court in MYSORE STATE ELECTRICITY BOARD v. SRI KRISHNAPURA MUTT, R.S.A 657/1965 DD 8-7-1970. This Court, on considering the provisions contained in Sections 10 and 11 of the Indian Telegraphs Act and the aforesaid Government Order dated 22/25-7-1989 held thus:-
“It is in exercise of the powers so conferred by Section 51 of the Act, that the said Notification has been issued conferring the powers under Sections 10 to 19 and 19A of the Indian Telegraph Act 1885, subject to the conditions specified in that Notification. The said power has to be exercised by the Electricity Board for the specific purpose of placing electric supply lines, appliances and apparatus for the transmission of energy. The relevant provisions of the Indian Telegraph Act, 1885, for the purpose of this case are those contained in Sections 10 and 11 of the Indian Telegraph Act, 1885, which read as follows:-
Section 10:- The Telegraph authority may from time to time place and maintain a Telegraph line under, over, across, and posts in or upon, any immoveable property:
(a) the provided that telegraph authority shall not exercise the powers conferred by this Section except for the purposes of a telegraph established or maintained by the Central Government, or to be established or maintained.
(b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across in or upon which the Telegraph Authority places any telegraph line or post; and
(c) except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and
(d) in the exercise of the powers conferred by this Section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in Clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.
Section 11:- The telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing any telegraph lines or post, enter on the property under, over, along across in or upon which the line or post has been placed.
In view of the aforesaid notification, the Electricity Board is entitled to exercise the powers conferred on it by Sections 10 and 11 of the Act for the transmission of electric energy. Section 10 specifically empowers the concerned authority to draw lines over, in or upon any immoveable property. It is only if the property is vested in or under the control or management of any local authority that, the permission of that authority is necessary before exercising the powers. It is, therefore, clear that the Electricity Board is entitled to draw lines over the property of private citizens, without their consent. Shri Ramappa learned Counsel for the appellant is, therefore, right in his contention that in view of the Subsequent Notification issued by the Government in the year 1969, the Electricity Board now possesses the powers to draw lines over the property of private individuals. In that view of the matter, the Electric Board is now competent to draw the electric lines over the plaintiff’s property. In the present, case, the electric lines have already been drawn long prior to the issue of the Notification in the year 1969. If a mandatory injunction, as prayed for by the plaintiff, is confirmed no useful purpose would be served as, immediately, the Electricity Board would be entitled to draw up the lines in the same place, in exercise of the powers conferred upon it by Sections 10 and 11 of the Indian Telegraph Act 1885. In view of the powers conferred by the aforesaid Notification, it is just and necessary that the decree passed by the two Courts below should be set aside.”
6. However Sri Vasudeva Reddy, learned Counsel for the petitioner submits that in the aforesaid decision Section 16 of the Indian Telegraph Act has not been noticed, therefore the petitioners are entitled to object to the entry of the respondents on their lands for the purpose of fixing the electric poles and drawing the electric lines. For our purpose, Sub-sections (1) and (2) of Section 16 of the Indian Telegraphs Act are relevant and the same are as follows:-
“16(1) If the exercise of the powers mentioned in Section 10 in respect of property referred to in clause (d) of that Section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them.
(2) If after the making of an order under Sub-section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal Code.”
No doubt Section 16(1) and (2) of the Indian Telegraphs Act are not noticed in the aforesaid decision. But even the aforesaid provisions also do not in any way affect the right of the respondents to enter upon the land for the purpose of placing of electric supply lines, appliances and apparatus for the transmission of energy. All that happens is that in the event, resistence is offered or obstruction is caused by the petitioners for the entry of the respondents into their lands for the purpose of fixing electric poles or drawing electric lines for the” transmission of energy, the respondents are required to approach the District Magistrate and obtain his permission to carryout the work for the aforesaid purpose. In such an event without obtaining permission from the District Magistrate under the aforesaid provision, the respondents cannot proceed to execute the work in the lands of the petitioners for the aforesaid purpose for the transmission of energy. The District Magistrate; has to consider the case of the respondents after notice to the petitioners and after affording them an opportunity of hearing, he may pass an order in his discretion permitting the respondents to carry on the work for the aforesaid purpose of transmission of energy. No doubt Sub-section (1) and (2) of Section 16 of the Indian Telegraph Act do not provide in express terms for issuing notice and hearing the affected party; but it is implicit in it, because no order whether judicial or administrative or otherwise, affecting a party can be passed without notice and without affording an opportunity of hearing to the affected party. Thus the aforesaid provisions do not enable the petitioners to have the reliefs sought for in these petitions, granted. This is also the view expressed by this Court in THE CHAIRMAN K.E.B. v. H.R. HIRIYAPPA GOWDA, RSA 524/1974 DD 7-11-79: ILR (Kar) 1979 SNRD 185.
7. Accordingly, for the reasons stated above, this petition is disposed of in the following terms:
The reliefs sought for by the petitioners are not granted. However, if the petitioners choose to obstruct or resist entry of the respondents on their lands for the purpose of fixing the poles or drawing the electric lines for the transmission of energy, it is open to them to cause resistance or offer obstruction to such act. In that event the respondents have to approach the District Magistrate of the District who shall consider the request after notice, and on affording an opportunity of hearing, to the petitioners in accordance with law and in accordance with the provisions contained in Section 16 of the Indian Telegraph Act and in the light of observations made in this order.