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2025 DAILYLAW 18390 (RAJ)

ALOK GARG AND ORS v. STATE OF RAJ AND ORS

CW/16579/2016 · 2025-05-16

Anil Kumar Upman

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[2025:RJ-JP:20681] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16579/2016 1. Alok Garg Son Of Sh. Ram Gopal Garg, Plot No. 28-A, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur-302018 2. Ashutosh Sharma Son Of Sh. Laxminarayan Sharma, Plot No. 28-B, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur-302018 3. Ashok Asnani Son Of Sh. Tulsidas Asnani, Plot No. 41-A, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur 4. Mahaveer Prasad Jain Son Of Sh. R.l.jain, Plot No. Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura Bypass, Jaipur 5. Jagdish Prasad Goyal Son Of Sh. Munni Lal Gupta, By Profession Advocate, Plot No. 41, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur 6. Jaswant Rai Son Of Sh. Jethu Rai, Plot No. 45, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur 7. Pushpendra Sharma Son Of Sh. Amarchand Sharm By Profession Advocate, Plot No. 168, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur ----Petitioners Versus 1. State Of Rajasthan Through Its Chief Secretary, To The Government Of Rajasthan, Rajasthan Secretariat Jaipur 2. The Addl. Chief Secretary, Department Of Environment, Government Of Rajasthan Secretariat, Jaipur 3. The District Collector, Jaipur 4. The Commissioner, Nagar Nigam, Jaipur 5. The Deputy Commissioner, Nagar Nigam, Mansarovar Zone, Mansarovar, Jaipur 6. M/s Indus Tower Pvt. Ltd., D-34, Subhash Marg, G- Business Park, 2Nd And 3Rd Floor, C- Scheme, Jaipur 7. Mahesh Sharma S/o Ramarav Sharma, House No. 42, Vishveshvaraiya Nagar Ext. Near Triveni Nagar, Gopalpura, Bypass, Jaipur-302018 8. M/s Bharti Hexacom Limited, K-21, Malviya Marg, C- Scheme, Jaipur -302001 ----Respondents For Petitioner(s) : Mr. Abhi Goyal For Respondent(s) : Mr. Shailesh Prakash Sharma Mr. Ajit Maloo Mr. Harender Singh Mr. Vikram Singh [2025:RJ-JP:20681] (2 of 3) [CW-16579/2016] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/05/2025 Learned counsel appearing for respondent No.6 submits that present writ petition has been filed against the proposed installation of mobile tower at House No.42, Vishveshvariya Nagar Extension, near Triveni Nagar, Gopalpura Bypass, Jaipur. Counsel submits that now it has been decided that mobile tower shall not be installed at this place and same shall be installed according to the policy. An Interlocutory Application (No.1/2024) has been filed on behalf of respondent No.6 for disposing of the writ petition filed by the petitioners in view of the subsequent developments and statutory orders regarding installation of mobile towers within the State of Rajasthan. It has been mentioned in para No.3 of the said application that owing to the interim directions issued by this Hon’ble court, the applicant respondent No.6 had dropped the project of site installation on plot No. 42, Vishveshvariya Nagar Extension, near Triveni Nagar, Gopalpura bypass, Jaipur. It has also been mentioned in the application that with regard to the grievances raised by the Public regarding installation of Mobile Towers, the order dated 06.02.2017, clause 15(4) envisages that such public grievances against installation of Mobile Towers shall be dealt with DTC/STC. It is also contended that it has been held in S.B. Civil Writ Petition No.9488/2023 that matter with regard to installation/erection of mobile tower is to be governed by the State Government order dated 06.02.2017 read with amendment order dated 13.01.2023. [2025:RJ-JP:20681] (3 of 3) [CW-16579/2016] Considering the aforesaid submissions and averments made by learned counsel for respondent No.6, the application (IA No.1/2024) is allowed and prayer made in this writ petition does not survive anymore. Accordingly, this civil writ petition is dismissed as having rendered infructuous. Meanwhile, respondent No.6 is permitted to install mobile towers in accordance with order dated 06.02.2017 read with amendment order dated 13.01.2023. (ANIL KUMAR UPMAN),J GAUTAM JAIN /150