Koyyala Vijaya Kumar, Vs The State of Andhra Pradesh

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APHC010275122021

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16012 OF 2021

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Between:

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Koyyala Vijaya Kumar, S/o. Subbarao D.No. 3-23, Andhra Bank Street Duvva Village, Tanuku Mandal, West Godavari District,^{AndhraPradesh} ...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary. Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi 2. The District Collector, West Godavari District,^Eluru

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The District Panchayath Officer, West Godavari District,^Eluru 4. The Gram Panchayath, Duvva Rep., by its Secretary, Duvva Village, Tanuku Mandal West Godavari District. 5. Airtel Infrastructure Pvt Ltd, Rep., by its Hyderabad 6. Jampana Sri Gnanadha Sri Durga, D/o. Rama Venkata Narasimha Raju Female, Hindu, aged 24 years. Door No. 3-3-69, Flat No. 42, Satyam Valley Rajiv Gandhi Nagar, Bachupalli Village and Mandal Medchel District, Telangana State 7. ATC Telecom Infrastruction Private Limited, IV Floor,Gowra Plaza,D.No. 1- 8-304-307/381/444,SP Road, Begumpet,Secunderabad,Telangana-^500003. Rep. by its circle Head

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(R7 is Impleaded as per C.O.dt.29/12/2021 in IA.No.2/2021.)

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ of mandamus declaring^{thattheactionof} action of the 5th respondent passing resolution permitting the 6th Respondent for erection of Mobile tower in the land of the 7th Respondent situated in R.S.Nos. 483/1, in an extent of Ac. 0-44 cents at Indiramma Colony, Duvva Village of Tanuku Mandal, West Godavari District in violation to Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules as illegal, arbitrary and violative of the Article 14^and21 of the Constitution of India.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to restrain the action of the Respondents from^{erectionofMobile} tower in the fields of the 7th Respondent situated in R.S.Nos. 483/1, in an extent of Ac. 0-44 cents at Indiramma Colony, Duvva Village of Tanuku Mandal, West Godavari District pending disposal of^theW.P.

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Counsel for the Petitioner: SRI UTTARA LEGAL Counsel for the Respondents No.1,3:GP FOR PANCHAYAT^RAJ RURAL DEV

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Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.4: SRI KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) Counsel for the Respondent No.6 : SRI P S P SURESH^KUMAR Counsel for the Respondents No.7,5: SRI GHANTA SRIDHAR The Court made the following order:

WTW

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APHC010275122021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA

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PRASAD

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WRIT PETITION NO: 16012 OF 2021

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Between:

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Koyyala Vijaya Kumar,, S/o. Subbarao, D.No. 3-23, Andhra Bank Street, Duvva Village, Tanuku Mandal, West Godavari District,^{AndhraPradesh}

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary. Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi

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The District Collector, West Godavari District,^Eluru

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The District Panchayath Officer, West Godavari District,^Eluru

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The Gram Panchayath, Duvva Rep., by its Secretary, Duvva Village, Tanuku Mandal West Godavari District.

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Airtel Infrastructure Pvt Ltd, Rep., by its Hyderabad

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Jampana Sri Gnanadha Sri Durga, D/o. Rama Venkata Narasimha Raju, Female, Hindu, aged 24 years. Door No. 3-3-69, Flat No. 42, Satyam Valley, Rajiv Gandhi Nagar, Bachupalli Village and Mandal, Medchel District, Telangana State

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ATC Telecom Infrastruction Private Limited, IV Floor,Gowra Plaza,D.No. 1- 8-304-307/381/444,SP Road, Begumpet,Secunderabad,Telangana500003 Rep by its Circle Head. R7 is Impleaded as per C.O.dt.29/12/2021 in IA.No.2/2021.

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...Respondents

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Counsel for the Petitioner: UTTARA LEGAL

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2

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If—^

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Counsel for the Respondents: KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) Counsel for the RespondentsiGP FOR PANCHAYAT RAJ RURAL DEV Counsel for the RespondentsrP^SP SURESH KUMAR Counsel for the RespondentsrGHANTA SRIDHAR The Court made the following ORAL ORDER: Heard Sri K.S. Naveen, learned Counsel appearing on behalf of M/s Uttara Legal (appearing for Writ Petitioner) and Sri Saripudi Raja Mouli, learned Counsel appearing on behalf of Sri Ghanta Sridhar, learned Counsel for the Respondent No.7. 2. Sri Saripudi Raja Mouli, learned Counsel appearing^{onbehalfofSri} Ghanta Sridhar, learned Counsel for the Respondent No.7, on instructions, submit that the Respondent No.7 has not erected any Cell Tower, and therefore, the cause of action does not survive any more. 3. In view of the submission made by the learned Counsel appearing for the Respondent No.7, this Court deems it appropriate to dispose of this matter in terms of the submission made by the learned Counsel for the Respondent No.7. Needless to state that the Writ Petitioner is always at liberty to once again approach this Court in case there is any future threat of erection of Cell Tower in the subject place.

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Accordingly, this Writ Petition is disposed of. No Order as to Costs.

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Interlocutory Applications, if any, stand closed in terms of this order.

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//TRUE COPY//

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Sd/-B PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER

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To,

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The Principal Secretary, State of Andhra Pradesh, Department of Panchayat Raj and Rural Development, Secretariat Velagapudi 2. The District Collector, West Godavari District, Eluru

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The District Panchayath Officer, West Godavari District,^Eluru 4. The Secretary, Gram Panchayath, Duvva Duvva Village,^TanukuMandal West Godavari District.

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