ORDER : Bhargav D. Karia, J. 1. RULE. Mr. Dhawan Jayswal, learned Assistant Government Pleader waives service of Rule for the respondent nos. 1 & 3 and Mr. S.P. Hasurkar, learned advocate for the respondent nos. 2 & 4. 2. Since the controversy involved in this petition is narrow in compass, the same is taken up for final hearing today. 3. By this petition under Article 226 of the Constitution of India, the petitioners have prayed for following relief(s):- "12(A) Be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction and thereby quash and set aside impugned notices dated 20.08.2018 issued by respondent no. 4; (B) Be pleased to direct the respondent no. 3 - District Magistrate, Surat to decide the application of GETCO preferred u/s. 16 of the Indian Telegraph Act, 1885, in compliance of earlier order dated 25.06.2013 passed in Special Civil Application No. 16875 of 2013; (C) Be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction and thereby direct respondents not to lay down 220 KV Hazira-Mota transmission line through the lands of petitioners situated in Village: Vasvari, Ta: Olpad, Dist: Surat. (D) Pending admission, hearing and final disposal of this petition, be pleased to direct the respondents not to lay down 220 KV Hazira-Mota transmission line through the lands of petitioners situated in village: Vasvari, Ta: Olpad, Dist: Surat. (E) Such other and further relief/s which the Hon'ble Court may deem fit, just and proper be granted in the facts and circumstances of the present case and in the interest of justice;" 2. It is pertinent to note that this is 2nd round of litigation. Earlier also, this Court by preferring the petitioners approached Special Civil Application No. 13875 of 2013, wherein this Court (Coram:- Anant S. Dave, J.) has passed following order:- "1. Heard learned advocates for the parties. 2 Mr. S.P. Hasurkar, on instructions, states that the respondent No. 1 has moved an application under Section 16 of the Telegraph Act, 1885, before the District Magistrate, Surat for seeking permission to carry on the work of laying transmission lines in question, despite the objection of the petitioners. In view of the above, the petitioners will have to be joined in the above proceedings. In view of the above, the petitioners will have to be joined in the above proceedings. 3 It is open for the petitioners to raise all legally permissible and available contentions including that of the judgment dated 29.8.2013 rendered in Special Civil Application No. 18334 of 2011 and allied matters of a Division Bench of this Court. This petition stands disposed of. 4. It goes without saying that while considering the application pending as above, the competent authority shall follow the procedure as prescribed under the law, and dispose of the same at the earliest. Notice is discharged with no order as to costs." 4. It is the case of the petitioner that thereafter, the petitioners received the impugned Notices in the year 2018 from the respondent no. 4, whereby the petitioners were asked to cooperate for laying down the transmission line by the respondent no. 4 in the lands of the petitioners. 5. On receipt of such notice, the petitioners have preferred this petition, as according to the petitioners, the respondent no. 4 did not join petitioners in any application preferred under Section 16 of the Telegraph Act, 1885 (for short the "Act") in compliance of the earlier order dated 25.09.2013 passed by this Court in Special Civil Application No. 13875 of 2013. 6. It is the case of the petitioners that the respondent no. 4 was required to join petitioners as necessary parties in application filed under Section 16 of the Act, as the petitioners had already objected of laying down the transmission line way back in the year 2013, and therefore, impugned notices are issued only to circumvent the order passed by this Court. 7. This Court, vide order dated 03.12.2018, at the time of issuing notice, passed the following order and granted stay against the respondents from laying down the transmission line:- "Heard learned advocate for the petitioners. At the outset, learned advocate for the petitioners referred to the order dated 25.09.2013 passed by this Court, whereby this Court has disposed of the petition filed by the present petitioners with an observation that the petitioners are required to be joined as party in the proceedings filed by the respondent - GETCO under Section 16 of the Telegraph Act, 1885, which are pending before the District Magistrate, Surat. The petitioners were permitted to raise the contentions which are available to them as per the decision rendered by the Division Bench of this Court in Special Civil Application No. 18334 of 2011 and allied matters. The grievance of the petitioners is that in spite of the aforesaid directions, no notices are issued by the concerned District Magistrate for hearing of the matter on the application filed by the GETCO. Learned advocate has referred the impugned notices issued by the GETCO by which the petitioners are asked to give their cooperation for laying down the transmission line. It is submitted that though no final decision is taken in the proceedings filed under Section 16 of the Telegraph Act, 1885, the impugned notices are issued without giving any opportunity of hearing to the petitioners. In view of the aforesaid submissions, notice returnable on 27.12.2018. In the meantime, there shall be ad-interim relief in terms of para 12(D). Direct service is permitted." 8. Mr. S.P. Hasurkar, learned advocate for the respondent no. 2 and 4 stated that in the facts of the case, there is no need to file affidavit on behalf of the respondent no. 4, as the respondent no. 4 has preferred another application under Section 16 of the Act after filing of this petition in the month of December-2018, and therefore, the petitioners can raise all the contentions and objections raised in this petition before the respondent no. 3-District Magistrate and Collector where the application filed by the respondent no. 4 under Section 16 of the Act is pending. He further stated that the petitioners would be joined as necessary parties in the pending application before the District Magistrate. 9. Learned advocate for the petitioners further submitted that the lands of the petitioners is not covered in the sanctioned transmission route by the Competent Authority, and therefore, notices are required to be quashed and set aside. 10. Learned advocate for the petitioners submitted that the petitioners are ready and willing to appear before the District Magistrate and raise all contentions and objections in the pending application filed by the respondent no. 4. 11. In view of the fact situation, the petition is disposed of with following directions:- a. That the impugned notices at Annexure-A dated 20.08.2018 shall not be implemented till the respondent no. 4. 11. In view of the fact situation, the petition is disposed of with following directions:- a. That the impugned notices at Annexure-A dated 20.08.2018 shall not be implemented till the respondent no. 3-District Magistrate decides the application under Section 16 of the Act filed by the respondent nos. 2 and 4 after petitioners are given an opportunity of hearing. b. The petitioners shall appear before the respondent no. 3-District Magistrate and Collector with liberty to raise all contentions raised in this petition and the respondent no. 3-District Magistrate and Collector shall decide the application filed by the respondent nos. 2 and 4 an in compliance of directions issued by this Court in order dated 25.06.2013 passed in Special Civil Application No. 16875 of 2013. c. The District Magistrate is hereby directed to complete such exercise of disposing of the application under Section 16 of the Act as expeditiously as possible and preferably within three months from the date of receipt of this order. With the aforesaid observations and directions, the petition stands disposed of. Rule is made absolute to the aforesaid extent.