M/S ASCEND TELECOM INFRASTRUCTURE PVT LTD., v. THE STATE OF KARNATAKA
WP/8960/2025 · 2025-04-21
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20210 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20210 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16182 WP No. 8960 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8960 OF 2025 (GM-POLICE) BETWEEN:
M/S. ASCEND TELECOM INFRASTRUCTURE PVT. LTD., REGISTERED OFFICE AT NO.37-2, PLOT NO.332 MANI MANSION, DEFENCE COLONY SAINIKPURI, SIKANDRABAD ANDRA PRADESH.
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 REPRESENTED BY
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16182 WP No. 8960 of 2025
CHIEF SECRETARY.
2.
THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU.
3.
THE STATION HOUSE OFFICER YELAHANKA UPANAGAR POLICE STATION BENGALURU. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 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 SCHEDULE PROPERTY AND FURTHER TO EXTENT ADEQUATE PROTECTION TO THE WORKERS AND ASSETS CONNECTED WITH THE TELECOMMUNICATION TOWER THEREON.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER Heard Sri Mahesh B.J., learned counsel for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents.
2. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by this Court in the cases of the very petitioner in
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NC: 2025:KHC:16182 WP No. 8960 of 2025
W.P.Nos.107740/2024 and 100965/2025,
disposed on 16.01.2025 and 12.02.2025, respectively. This Court in W.P.No.100965/2025 has held as follows:
“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
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NC: 2025:KHC:16182 WP No. 8960 of 2025
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.”
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 petition also stands disposed.
3. Therefore, the following:
ORDER a. The writ petition is allowed. b. The petitioner shall submit a representation within two weeks from today, seeking police protection, if he is wanting a mobile telecommunication tower be installed. c. The respondent – State shall consider the same within four weeks, thereafter, in accordance with law i.e., in terms of the Government order dated 04.11.2018, which depicts the circumstances under which the police protection should be given to the citizens. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 71/CT:SS