Disposed

M/s. Indus Towers Limited v. The State of Telangana

Telangana HC11 Jan 2024WP/1106/2024

Case brief

AI extract

What is this about?

A telecom infrastructure company sought police protection to erect a ground-based tower after obstruction by anti-social elements despite holding permissions. The High Court disposed of the writ petition directing the Station House Officer to provide police aid, subject to the company communicating the work date and undertaking to obtain necessary permissions. No costs.

What did the court decide?

Police aid directed for tower erection subject to intimation of work schedule and undertaking regarding permissions; no costs.

M/s. Indus Towers Limited Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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

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THURSDAY, THE ELEVENTH DAYOF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 1'106 OF 2024

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Between:

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lv1is. lndus Towers Limited, Survey No. 133,4-51 ,8th Floor, SLN Terminus, Beside Botanical Gardens, Gachibowli, Hyderabad - 500032 Rep. by^its Manager - Legal.

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...PETITIONER

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AND

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1 The State of Telangana, Represented by its principal secretary, Through Home Department, Secretariat, Hyderabad

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2 The Station House Officer, Mallapur Police Station, Jagityal District, Telangana.

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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 maybe} pleased to issue appropriate Writ or any other order or direction^particularly one in the nature of WRIT OF MANDAMUS declaring the action^{of the 2nd Respondentin} not providing police protection by considering the^{representation} daled 1311212023^{(acknowledged} on^{'1411212023) for erectionof GroundBased} Tower in Sy No. 219/E/4/1, Gundampally Village, Mallapur^{Mandal,Jagital District,} Telangana, as arbitrary, illegal and in violation^{of well settled principles of natural} justice.

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lA NO: 1 OF 2024

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Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to provide police protection for erection of Ground Based Tower in Sy No. 219/E/4/1, Gundampally Village, Mallapur Mandal, Jagital District, Telangana State, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI MOHD ISLAMUDDIN ANSART

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO.1 106 OF 2024

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ORDER:

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This Writ Petition is filed seeking to declare the action of the second respondent in not providing police protection by considering the representation, dated 13.12.2023 (acknowledged by the second respondent on 14.12.20231 for erection of Ground Based Tower in Sy.No.2l9/E/a/I, Gundampally Village, Mallapur Mandal, Jagital District, Telangana, as arbitrary, illegal and violative of principles o[ natural justice.

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Petitioner is the Company incorporated under the provisions of the Companies Act, for providing telecom infrastructure in order to provide mobile coverage to the public at large through various cell site operators in the country. It is further stated that the petitioner-Company is a joint venture of Bharti Airtel, Vodafone and Idea Cellular group Companies. The petitioner-Company also obtained necessary certihcates and permissions from the competent Governmental agencies for erecting cell towers to provide mobile phone services to the customers. The Gundampally Gram Panchayath had also granted permission for erection of tower subject to the petitioner

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-j,

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complying with all the rcquircments including payment of nccessary fee pa,yable as per the terms of G.O.Ms.No.2 of 2027, dated 19.O2.2021. The pctitioner-Company also obtained provisional clearancc/ pcrmission from the Panchayath Raj .Officer^{(Commissioncr) urde permission,dated 17.O8.2O23and} after obtaining permission, has commenced the installation of tower as per the permission. When the petitioner-Company is proceeding with erection of tower, some anti-social elements are obstructing thc work, which necessitated the petitioner to submit a representation dated 13.12.2023 before the respondents here in.

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It is the contention of the learned counsel for petitioner that even though the above complaint has been made to provide Police aid for erection of tower, so far, respondents have not taken any decision for granting Police aid, and thereby, the construction activity of erection o[ tower being obstructed by the anti-social elements and they are not i.r, po"itio., to provide mobile services to the needy people and the customers of the locality.

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The learned Assistant Government Pleader appearing for respondents, submits that the Police will take appropriate action on the rcpresentation, dated 13.12.2023 submitted by

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the pctitioner in accordance with law, if it discloses cognizable offence and also if the petitioner is having all the permissions for erection of tower.

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! [n view of the above submissions, this Court deems it appropriate to dispose of the Writ Petition directing respondent No.2 to provide Police aid for erection of Ground Based Tower by the petitioner-Company as per the representation, dated 13.12.2023 subject to the petitioner communicating the date and time of commencement of work with an undertaking that they will take up the work subject to obtaining of necessary permissions.

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With the above observations, the Writ Petition is disposed of.

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There shall be no order as to costs. Miscellaneous

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applications, if any, pending shall stand closed.

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SD/. P. PADMANABHA^REDDY ASSIST EGI

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/ffRUE COPY//

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SECTI OFFICER

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To,'1. The principal Secretary, Through Home Department, Secretariat, The State of Telangana, HYderab-ad

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The siation Hbuse^{officer, Mallapur Police station, Jagityal District,} Telanoana.

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3 o-nJ iC i; Sri MoM^{lslamuddin Ansari, Advo-cate[oPUc]} 4 i*o CCsio^{-CP for Home, High Court for the Stateof Telangana' at} Hyderabad [OUT]

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1. Two CD Copies

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TJ GJP

HIGH COURT

DATED:1110112024

ORDER

WP.No.1106 of 2024

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

M/s. Indus Towers Limited v. The State of Telangana

Case brief

What is this about?

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M/s. Indus Towers Limited v. The State of Telangana

Case brief

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