K. Ramprasad, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

K. Ramprasad, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the action of the 2nd respondent in granting the No Objection Certificate (NOC) vide Proceedings Rc.No.1874/2014/G1 dated 10.09.2014 to the 3rd respondent for erection of the roof top cell tower at Gudivada was illegal, arbitrary and contrary to the guidelines framed by the Department of Telecommunication, Government of India mentioned in G.O.Ms.No.380 dated 01.08.2013, and violative of Article 21 of the Constitution of India and principles of natural justice, warranting setting aside of those Proceedings.

Court's answer

Recording the submission of learned counsel for Respondent No.3 that construction of the cell tower was completed long back, the Court disposed of the Writ Petition, leaving it open to the petitioners to pursue their remedies as per G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 issued by the Government of Andhra Pradesh, if so advised, with no order as to costs.

Detailed headnote1 paragraphs

Writ Petition (No. 34179 of 2014) under Article 226 of the Constitution of India by K. Ramprasad and Others challenging the grant by the 2nd respondent of a No Objection Certificate through Proceedings Rc.No.1874/2014/G1 dated 10.09.2014 to the 3rd respondent for erection of a roof top cell tower at D.No.15/233, Opp NTR Stadium, Satyanarayanapuram, Gudivada, as allegedly illegal, arbitrary, contrary to the Department of Telecommunication guidelines mentioned in G.O.Ms.No.380 dated 01.08.2013, and violative of Article 21 and principles of natural justice. The Court, recording learned counsel for Respondent No.3's submission that construction of the cell tower was completed long back, disposed of the Writ Petition leaving it open to the petitioners to pursue their remedies as per G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 issued by the Government of Andhra Pradesh, if so advised. No order as to costs; pending miscellaneous applications closed.

APHC010064822014

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3460]

MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 34179 OF 2014

Between:

K. Ramprasad and Others

...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner(S):

1.VENKATA RANGADAS KANURI

Counsel for the Respondent(S):

1.B D MAHESWARA REDDY

2.P HEMACHANDRA

3.GP-MUNCIPAL ADMN AND URBAN DEV(AP)

4.B HANUMANTHA RAO (SC FOR KUR NEL MC)

The Court made the following:

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34179 OF 2014

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declare the action of the 2^nd respondent in granting No Objection Certificate (NOC) through Proceedings vide Rc.No.1874/2014/G1, dated 10.09.2014 to the 3^rd respondent for erection of Roof Top Tower Cell Tower at D.No.15/233, Opp NTR Stadium, Satyanarayanapuram, Gudivada, being illegal, arbitrary and contrary to guidelines framed by the Department of Telecommunication Government of India mentioned in G.O.Ms.No.380 dated 01.08.2013 and violative of Article 21 of the Constitution of India and apart from being violative of principles of natural justice and consequently set aside the Proceedings vide Rc.No.1874/2014/G1 dated 10.09.2014 issued by the 2^nd respondent as illegal and arbitrary and pass such other orders....”

Learned counsel for the Respondent No.3 would submit that the

construction of Cell Towner is completed long back.

While recording the said submission, this Writ Petition, is therefore, disposed of, leaving it open to the petitioners to pursue their remedies as per G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 issued by the Government of Andhra Pradesh, if so, advised. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________ NYAPATHY VIJAY, J

KK

Date: 07.04.2025