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2025 DAILYLAW 17936 (KAR)

M/S ASCEND TELECOM INFRASTRUCTURE PVT LTD v. THE STATE OF KARNATAKA

WP/5365/2025 · 2025-03-04

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9219 WP No. 5365 of 2025 C/W WP No. 188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5365 OF 2025 (GM-POLICE) C/W WRIT PETITION NO. 188 OF 2025 (GM-POLICE) IN WP No. 5365/2025 BETWEEN: M/S. ASCEND TELECOM INFRASTRUCTURE PVT. LTD., REGISTERED OFFICE AT NO.37-2, PLOT NO.332, MANI MANSION, DEFENCE COLONY, SAINIKPURI, SIKANDRABAD, ANDRAPRADESH. BRANCH OFFICE AT SANGEETHA TOWER, NO.3, 80 FEET ROAD, INDIRA NAGAR, BENGALURU - 560 038. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, S. RAVI SHETTY, S/O. SRI. SUBBRAMANYA SHETTI. …PETITIONER (BY SRI. MAHESH B.J., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9219 WP No. 5365 of 2025 C/W WP No. 188 of 2025 AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU – 560 001. REPRESENTED BY CHIEF SECRETARY. 2. THE SUPERINTENDENT OF POLICE, CHIKKAMAGALURU DISTRICT – 577 116. 3. THE STATION HOUSE OFFICER, BIRUR POLICE STATION, BIRUR TALUK, CHIKKAMAGALURU – 577 116. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND ADEQUATE PROTECTION TO THE PETITIONER’S MOBILE TELECOMMUNICATION TOWER BEING INSTALLED IN THE “PETITION SCHEDULED PROPERTY” AND FURTHER TO EXTEND ADEQUATE PROTECTION TO THE WORKERS AND ASSETS CONNECTED WITH THE TELECOMMUNICATION TOWER THEREON. IN WP No. 188/2025 BETWEEN: M/S. ASCEND TELECOM INFRASTRUCTURE PVT. LTD., REGISTERED UNDER COMPANIES ACT, 1956 REGISTERED OFFICE AT NO.37-2, PLOT NO.332, MANI MANSION, DEFENCE COLONY, - 3 - NC: 2025:KHC:9219 WP No. 5365 of 2025 C/W WP No. 188 of 2025 SAINIKPURI,SIKANDRABAD, ANDRA PRADESH – 500 003. BRANCH OFFICE AT SANGEETHA TOWER, NO.3, 80 FEET ROAD, INDIRA NAGAR, BENGALURU - 560 038. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, S. RAVI SHETTY, S/O. SRI. SUBBRAMANYA SHETTI. …PETITIONER (BY SRI. MAHESH B.J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU – 560 001. REPRESENTED BY CHIEF SECRETARY. 2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU – 560 001. 3. THE STATION HOUSE OFFICER, BYATARAYANAPURA POLICE STATION, BENGALURU – 560 001. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND ADEQUATE PROTECTION TO - 4 - NC: 2025:KHC:9219 WP No. 5365 of 2025 C/W WP No. 188 of 2025 THE PETITIONER’S MOBILE TELECOMMUNICATION TOWER BEING INSTALLED IN THE “PETITION SCHEDULED PROPERTY” AND FURTHER TO EXTEND ADEQUATE PROTECTION TO THE WORKERS AND ASSETS CONNECTED WITH THE TELECOMMUNICATION TOWER THEREON. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Mahesh B J, learned counsel appearing for petitioner and Sri Mohammed Jaffar, learned Additional Government Advocate appearing for respondents, in both the petitions. 2. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by this Court in W.P. No.107740/2024, disposed of on 16th January 2025 wherein this Court holds as follows: - 5 - NC: 2025:KHC:9219 WP No. 5365 of 2025 C/W WP No. 188 of 2025 "1. The petitioner is before this Court seeking the following prayer: A) Issue a writ of mandamus directing the respondents 1 and 2 to extend adequate protection to the petitioners mobile telecommunication tower being installed in the "PETITION SCHEDULE PROPERTY" and further to extend adequate protection to the workers and assets connected with the telecommunication tower thereon; B) Any other writ or order or direction as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity. 2. The petitioner-Company is said to have entered into a licence agreement with one Smt. Danavva Rathod to put up a mobile communication tower. It transpires that the neighbourhood being aggrieved by the erection of the tower on the roof of the residence of aforesaid Dannavva Rathod, had staged a protest and is also seeking vengeance the tower that is erected. 3. It is at that stage, the petitioner has approached this Court without submitting a representation to the police seeking police protection. Therefore, the petitioner shall submit a representation seeking police protection, if he is wanting so. The respondent-State shall consider the same in accordance with law i.e., in terms of the Government Order dated 04.11.2018, which depicts circumstances under which police protection should be given to the citizen. The said representation shall be submitted by the petitioner within two weeks from today and the consideration of which shall happen within four weeks thereafter, if not earlier. 4. All contentions left open. 5. Ordered accordingly." - 6 - NC: 2025:KHC:9219 WP No. 5365 of 2025 C/W WP No. 188 of 2025 3. In the light of the issue standing covered by the judgment passed by this Court supra on all its fours and on the same reasons, the subject petitions also stand disposed. SD/- ____________________ JUSTICE M.NAGAPRASANNA BKP List No.: 1 Sl No.: 91