Case Note & Summary
The petitioners, Dalwadi Pramodkumar Dayarambhai and others, filed a writ petition before the Gujarat High Court challenging a notification published by the Ministry of Power under Section 164 of the Electricity Act, 2003 and an order dated 17.06.2025 passed by the Collector and District Magistrate, Surendranagar under Section 16(1) of the Indian Telegraph Act, 1885. The petitioners alleged that they received a notice from the Collector informing that respondent No.5 had sought permission for removal of obstructions. The petitioners submitted an application seeking adjournment and requested a hearing, but the Collector passed the impugned order without affording them any opportunity of being heard. The court found that the order was passed in violation of principles of natural justice. Consequently, the court quashed and set aside both the notification and the order, allowing the petition.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Section 164 Electricity Act, 2003 and Section 16(1) Indian Telegraph Act, 1885 - Petitioners challenged notification and order for removal of obstructions without being heard - Court held that the order was passed without affording any opportunity of hearing to the petitioners, violating principles of natural justice - Held that the impugned notification and order are quashed and set aside (Paras 1-3).
Issue of Consideration
Whether the impugned notification under Section 164 of the Electricity Act, 2003 and the order dated 17.06.2025 under Section 16(1) of the Indian Telegraph Act, 1885 are liable to be quashed for violation of principles of natural justice?
Final Decision
The court quashed and set aside the impugned notification and order, allowing the petition.
Law Points
- Natural justice
- Right to be heard
- Section 164 Electricity Act 2003
- Section 16(1) Indian Telegraph Act 1885
- Mandamus
- Certiorari
