4 % ' APHC010275122021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16012 OF 2021 Between: Koyyala Vijaya Kumar, S/o. Subbarao D.No. 3-23, Andhra Bank Street Duvva Village, Tanuku Mandal, West Godavari District, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary. Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi 2. The District Collector, West Godavari District, Eluru 3. The District Panchayath Officer, West Godavari District, Eluru 4. The Gram Panchayath, Duvva Rep., by its Secretary, Tanuku Mandal West Godavari District. 5. Airtel Infrastructure Pvt Ltd, Rep., by its Hyderabad 6. Jampana Sri Gnanadha Sri Durga, D/o. Rama Venkata Narasimha Raju Female, Hindu, aged 24 years. Door No. 3-3-69, Flat No. 42, Satyam Valley Rajiv Gandhi Nagar, Bachupalli Village and Mandal Telangana State 7. ATC Telecom Infrastruction Private Limited, IV Floor,Gowra Plaza,D.No. 1- 8-304-307/381/444,SP Road, Begumpet,Secunderabad,Telangana- 500003. Rep. by its circle Head Duvva Village, Medchel District, (R7 is Impleaded as per C.O.dt.29/12/2021 in IA.No.2/2021.) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ of mandamus declaring that the action of action of the 5th respondent passing resolution permitting the 6th Respondent for erection of Mobile tower in the land of the 7th Respondent situated in R.S.Nos. 483/1, in an extent of Ac. 0-44 cents at Indiramma Colony, Duvva Village of Tanuku Mandal, West Godavari District in violation to Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules as illegal, arbitrary and violative of the Article 14 and 21 of the Constitution of India. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to restrain the action of the Respondents from erection of Mobile tower in the fields of the 7th Respondent situated in R.S.Nos. 483/1, in an extent of Ac. 0-44 cents at Indiramma Colony, Duvva Village of Tanuku Mandal, West Godavari District pending disposal of the W.P. Counsel for the Petitioner: SRI UTTARA LEGAL Counsel for the Respondents No.1,3:GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.4: SRI KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) Counsel for the Respondent No.6 : SRI P S P SURESH KUMAR Counsel for the Respondents No.7,5: SRI GHANTA SRIDHAR The Court made the following order: WTW •*' APHC010275122021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16012 OF 2021 Between: 1. Koyyala Vijaya Kumar,, S/o. Subbarao, D.No. 3-23, Andhra Bank Street, Duvva Village, Tanuku Mandal, West Godavari District, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary. Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi 2. The District Collector, West Godavari District, Eluru 3. The District Panchayath Officer, West Godavari District, Eluru 4. The Gram Panchayath, Duvva Rep., by its Secretary, Duvva Village, Tanuku Mandal West Godavari District. 5. Airtel Infrastructure Pvt Ltd, Rep., by its Hyderabad 6. Jampana Sri Gnanadha Sri Durga, D/o. Rama Venkata Narasimha Raju, Female, Hindu, aged 24 years. Door No. 3-3-69, Flat No. 42, Satyam Valley, Rajiv Gandhi Nagar, Bachupalli Village and Mandal, Medchel District, Telangana State 7. ATC Telecom Infrastruction Private Limited, IV Floor,Gowra Plaza,D.No. 1- 8-304-307/381/444,SP Road, Begumpet,Secunderabad,Telangana- 500003 Rep by its Circle Head. R7 is Impleaded as per C.O.dt.29/12/2021 in IA.No.2/2021. ...Respondents Counsel for the Petitioner: UTTARA LEGAL If—^ 2 Counsel for the Respondents: KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) Counsel for the RespondentsiGP FOR PANCHAYAT RAJ RURAL DEV Counsel for the RespondentsrP S P SURESH KUMAR Counsel for the RespondentsrGHANTA SRIDHAR The Court made the following ORAL ORDER: Heard Sri K.S. Naveen, learned Counsel appearing on behalf of M/s Uttara Legal (appearing for Writ Petitioner) and Sri Saripudi Raja Mouli, learned Counsel appearing on behalf of Sri Ghanta Sridhar, learned Counsel for the Respondent No.7. 2. Sri Saripudi Raja Mouli, learned Counsel appearing on behalf of Sri Ghanta Sridhar, learned Counsel for the Respondent No.7, on instructions, submit that the Respondent No.7 has not erected any Cell Tower, and therefore, the cause of action does not survive any 3. In view of the submission made by the learned Counsel appearing for the Respondent No.7, this Court deems it appropriate to dispose of this matter in terms of the submission made by the learned Counsel for the Respondent No.7. Needless to state that the Writ Petitioner is always at liberty to once again approach this Court in case there is any future threat of erection of Cell Tower in the subject place. 3. Accordingly, this Writ Petition is disposed of. No Order as to Costs. 4. Interlocutory Applications, if any, stand closed in terms of this order. more. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Panchayat Raj and Rural Development, Secretariat 2. The District Collector, West Godavari District, Eluru Pradesh, Department of Velagapudi 3. The District Panchayath Officer, West Godavari District, Eluru 4. The Secretary, Gram Panchayath, Duvva Duvva Village, Tanuku Mandal West Godavari District. 5. One CC to SRI. UTTARA LEGAL, Advocate [OPUC] 6. One CC to SRI. KOTI REDDY IDAMAKANTI, (SC FOR ZPP MPP AND GRAM PAN) Advocate [OPUC] 7. Two CCs to GP FOR PANCHAYAT RAJ Andhra Pradesh [OUT] 8. One CC to SRI. PSP SURESH KUMAR, Advocate [OPUC] 9. One CC to SRI. GHANTA SRIDHAR, Advocate [OPUC] 10. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 11. Two CD Copies RURAL DEV, High Court of nm HIGH COURT DATED:08/07/2025 ORDER WP NO. 16012 OF 2021 DISPOSING OF THE WP WITHOUT COSTS