APHC010248762015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1975 OF 2015 Between: Flaiz School & College Of Seventh Day Adventist, and Others ...PETITIONER(S) AND The Union Of India Rep By Its Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G RONALD RAJU Counsel for the Respondent(S): 1. P HEMACHANDRA 2. GP FOR REVENUE (AP) 3. A S C BOSE 4. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 5. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 6. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1975 OF 2015 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 declaring the inaction of the official Respondents in preventing the construction of 4G Reliance Cell Tower in an extent of half an acre of land in the total extent of Ac.6.00 cts in R.S.No.398 of Rustumbada village, Narsapur Mandal, West Godavari District, relating to the unofficial Respondent No.12 though the said proposed site is located adjacent to the School College and Orphanage and densely populated residential area is arbitrary, illegal, capricious, violative of Article 21 of the Constitution of India, violative of G.O.Ms.No.380, Municipal Administration Urban Development dated 1.8.2013 violative of the Rules framed by the Government of Andhra Pradesh Panchayati Raj Rules, 2012 vide G.O.Ms.No.334 P.R & R.D (Pan-iv) Department dated 9.10.2012 in the interest of justice and pass such other orders....” 2. Learned counsel for the petitioners, who appeared on line, would submit that there are no ready instructions at this point of time from the petitioners. 3. Learned counsel for the Respondent No.11 submits that by the date of filing of Writ Petition, Cell Towner was already established and the present Writ Petition was filed on the basis of executive instructions, vide G.O.Ms.No.380, Municipal Administration & Urban Development, dated 01.08.2013. Subsequently, the same was superseded and G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 was issued by the Government of Andhra Pradesh, wherein mechanism for resolution for disputes was provided as per Clause 25, which reproduced hereunder: 25. Resolution of disputes 25.1. The Principal Secretary to Government, IT E&C department, GoAP is appointed, as the Dispute Resolution Officer (DRO), vide Gazette 20th read above, for the State of Andhra Pradesh. 25.2. The Joint Collector (V,WS&D) shall act as the District Nodal Officer for resolution of disputes at the competent/ appropriate authority level. 25.3. The officer designated by the by state Government shall determine the disputes referred to in clause 25.1 within a period not exceeding sixty (60) days in such manner as may be specified by the Central/State Government from time to time. 4. As per G.O.Ms.No.2, dated 26.05.2023, the Principal Secretary to Government IT E&C is appointed for Dispute Resolution Officer (DRO) and the Joint Collector (V, WS & D) shall act as the District Nodal Officer for resolution of disputes at the competent/ appropriate authority level. 5. In that view, granting liberty to the petitioners to re-agitate their grievance before the Principal Secretary to Government IT E&C Department, if so, advised. 6. With the above direction, this Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.04.2025 KK