Neutral Citation No. - 2025:AHC:70973-DB Court No. - 40 Case :- WRIT - C No. - 16065 of 2020 Petitioner :- Jagat Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Rajesh Yadav Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 27.07.2020 passed by District Magistrate, Bulandshahar-Respondent No.6 (Annexure-1 to the writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to acquire entire agricultural land of the petitioner, in which the respondent authorities installing the proposed towers and pay compensation against that acquired agricultural land of the petitioner as per circle rate. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the damages of the sugarcane crops of the petitioner as per the rates decided by the Sugar Mills. (iv) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. The petitioner herein is not satisfied with the order passed by the District Magistrate, Bulandshahar dated July 27, 2020 wherein compensation has been decided with regard to the transmission towers and line having been laid over the land of the petitioner. 4. In our view, the correct position in law is that if the petitioner is not satisfied with the said compensation, an application may be filed before the District Judge concerned under Section 16(3) of the Telegraph Act, 1885 (hereinafter referred to as 'the Act'). 5. We are aware of the fact that the order for compensation should have actually been passed by the Telegraph authorities, however, this order was passed by the District Magistrate pursuant to the order passed by a Division Bench of this Court dated January 21, 2020. 6. In light of the above, the right of the petitioner under Section 16(3) of the Act would not be extinguished and he would still have a right to challenge the order passed either by the Telegraph Authorities or by the District Magistrate in terms of Section 16(3) of the Act. 7. Accordingly, this writ petition is disposed of directing the petitioner to file an application under Section 16(3) of the Act within a period of four weeks from date. We make it clear that since this writ petition has been pending since the year 2020, therefore, the benefit of Section 14 of the Limitation Act, 1963 shall apply and the District Judge concerned should grant priority to this case and expedite the hearing of the same. Order Date :- 2.5.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad