Writ petition for quashing notices and permitting mobile tower construction was dismissed due to the petitioner's persistent absence and lack of representation.
Petition dismissed for default due to persistent absence of counsel and lack of representation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:5933 WP No. 106757 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MRS. JUSTICE M.G.UMA
WRIT PETITION NO.106757/2015(LB-RES)
BETWEEN:
ATC TELECOME TOWER CORPORATION PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 404, 4TH FLOOR, SKYLINE ICON, NEAR MITTAL INDUSTRIAL ESTATE, ANDHERI KULRA ROAD, ANDHERI (EAST), MUMBAI – 400 059.
CIRCLE OFFICE AT: NO. 309, 1ST FLOOR, SRI VENKATESH COMPLEX, INDIRANGAR, 100 FEET ROAD, BENGALURU, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. PRAKASH M.,
Digitally signed by MANJANNA E Location: High Court of Karnataka
(BY SRI SHIVAKUMAR N., ADVOCATE)
…PETITIONER
AND:
NC: 2024:KHC-D:5933 WP No. 106757 of 2015
…RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1; SRI SHIVAKUMAR S. BADAWADAGI, ADV. FOR R3; SRI PRASHANT HOSAMANI, ADV. FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE NOTICE NO.NASARA/AROGYA/VAHI-392/2014-15, DATED 24.06.2015 ISSUED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-K AND LETTER NO.SAKANIEM/SAEM(TAM)/942/45, DATED 26.06.2015 SENT BY THIRD RESPONDENT, PRODUCED AT ANNEXURE-K1. ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR DIRECTION TO THE SECOND RESPONDENT TO CONSIDER THE APPLICATION OF THE PETITIONER AND PERMIT THE PETITIONER TO CARRY ON WITH THE CONSTRUCTION AND OPERATION OF THE TELECOM TOWER IN THE SCHEDULE PROPERTY AS PER ANNEXURE-E DATED 05.07.2104. ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR DIRECTION TO THE SECOND RESPONDENT TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER ON 26.06.2015 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner is absent. There is no representation. Even on last date of hearing i.e. on 15.03.2024 also there is no representation.
The order sheet dated 15.03.2024 reads as under:
“Learned counsel for the petitioner is absent. No representation.
List this matter after two weeks.”
In spite of that there is no representation. The petitioner is not interested to prosecute the petition. Hence, petition is dismissed.
SD/JUDGE
AC/CT-ASC List No.: 1 Sl No.: 21
ATC TELECOME TOWER CORPORATION PVT. LTD.
THE GOVERNMENT OF KARNATAKA
THE COMMISSIONER, RANEBENNUR CITY CORPORATION
ASSISTANT EXECUTIVE ENGINEER, K AND P SUB - DIVISION -I, HESCOM
M.G.UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
