Allowed

K.Raja Rao , Jupally Raja Rao v. The State of Telangana

Telangana HC23 Sept 2022WP/10961/2021

Case brief

AI extract

What is this about?

High Court issued a writ of mandamus directing the petitioner to apply for telecommunication tower permission through the prescribed online portal under a new Government Order within two weeks, ignoring the prior rejection order.

What did the court decide?

Petitioner directed to make an application through the online web portal as per G.O.Ms.No.2 dated 19.02.2021 within two weeks; respondent authority to consider and pass necessary orders within four we

K.Raja Rao , Jupally Raja Rao Vs The… — Constitutional and Fundamental Rights | Telangana HC (2022)

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[³¹⁶⁷ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY ,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRIJUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: '10961 OF 202'l

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Between:

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K.Raja Rao @ Jupall v Raja Rao, S/o. Nara yan Rao, aged about 36 years, R/o. Pasupula Village Koderu Mandal, Nagar Kurnool District. (Mahabubnagar District), TS.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principle Secretary, Panchayat Raj Department, Secretariat Buildings, Hyderabad.

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The District Collector, Nagarkurnool District, Telangana State.

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The District Panchayat Officer, Nagarkurnool District, Telangana State.

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Divisional Panchayath Officer, Kollapur Division, at Kollapur, Nagarkurnool diskict, Telangana

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The Panchayath Secretary, Pasupula Grampanchayath, Koderu Mandal, Nagarkurnool District, Telangana State.

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The Sarpanch, Pasupula Grampanchayath, Koderu Mandal, Nagarkurnool Diskict, Telangana State.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, more particularly one in the nature of Writ of Mandamus or any other appropriate Writ or Writs, Order or direction declaring the action of the Respondent Nos.5 and 6 in not granting permission for erection of Telecommunication lnfra Structure Tower/ pole structure Tower (Jio cell ToweQ in petitioners land i.e, Sy.No.4A, Pasupula Village, Koderu Mandal, Nagarkurnool District , Telangana State is bad arbitrary and illegal by setting aside the letter dt.3-3-2021 of the 5th respondent herein and consequently direct the respondents to grant permission for erection of the above said Tower in Petitioners land.

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lA NO: 1 OF 2021

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Petition under I ection 151 CPC praying that in the circ rnrstarnces stated in the affidavit filed in s rpport of the^petition, the High Court r ay be^pleased to direct the Responde nt Nos.5 & 6 to grant permissio r for erection of Telecommunication lni a Structure Tower/^pole structure Tower^(Jio cell Tower) in petitioners land i.e, S' No.4A, Pasupula Village, Koderu Ma rcial, Nagarkurnool District, Telangana S ate by suspending the letter dt3-?-2'.02' of the Sth respondent herein.

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Counsel for the Petitio rc:r:SRI. P,VENKATESWAR RAO

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Gounsel for the Respo^,dent No's.^'1, 3 & 4: GP FOR^p4116ga'/AT FIAJ RURAL DEV

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Counsel for the Respor dent No.2: SRI C.KALYAN RAO ( SC FOR ZPP, MPP, GPS)

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Counsel for the Respor lent No's.S & 6: SRI G.NARENDER TREDDY(SC FOR GRAMPANCHAYAT)

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The Court made the foll^,wing: ORDER

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THE HON'BLE SRI IUSTICE A.ABHISHEK REDDY

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.//

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WRIT PETITION No.10961 of 2021

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OI(DER:

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Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development, and

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Sri C. Kalyan Rao, the learned Standing Co-unsel for Gram Panchayat.

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Seeking to declare the action of respondent Nos.5 and 6 in not granting permission for erection of Telecommunication Infrastructure Tower/Pole Structure Tower (Jio Cell Tower) in the petitioner's land, as illegal and arbitrary, the petitioner has filed the present writ petition.

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At the time of hearirrg, it is brought to the notice of this Court that the Government has issued comprehensive guidelines to simplify and streamline the process of giving permissions to install Telegraph infrastructures in Urban and Rural areas of Telangana^pide G.O.Ms.No.2, Information Technology, Electronics and Communications Department

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(Communications Wing), dated 19.02.2021..

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Clause 4 of the said G.O reads as under:

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"4. All permissions related to Right of Way (Rolp shall be t gra\ted through an electronic application process uith n single online ueb portal - https:ts-rightoftoay.cgg.goo.in. ln reference 9It, read abooe, the rules mandate that eaery application shall be acconrpnnied zoith the fotloroing^{charges totoards Administrakaeexpenses of exanrinntion of} npplicakon anrl the proposed uork process by the appropiate autlorities-

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I I

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. iNR 1000/- per Kilo meter of Uitai.ergrountl infrrctructure.

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i. INR 10,000/- per application of^()uerground infrastructure.

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The pr cedure fnr subntitting applications and obtig.ntions of

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" Applictnts" -t establishntent of aarious Telecont Inf'astructures is detailed in Ant exure - A."

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Having regi rr,'l to the above, without going int l tht merits or demerits of the^ce ;t:, this Court is of^the opinion thal t:nd;^{of justice} would be rnet if th, petitioner is directed to make an aPph,.rati,)n through the onlirre u'r.b pr rta[, as per G.O.Ms.No.2 dated 11).1):l:]02 , within a period of two wee s from the date of receipt of a copy t f this. order. On such application b 'ing made, the respondent authoriry' conc()rned shall consider the same rnd pass necessary orders, strictly in^, rr:i:or,iance with law, as expeclitiou ;ly as possible, preferably, withir-r a [;eri,rd of four weeks thereaf ter, l ithout taking into consideration tlrt' ea rlit,r rerection order dated 03.03.2^r21

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Subject to thr above directions, the writ petition is c ispos,ed of.

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Pending mis, ellaneous petitions, if any, shall slanC closed. There

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shall be no order as tr) costs.

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assrsrR$:?':55fiXA //TRUE copy// :;r,cir&ru oFFtcER

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To,