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2025 DAILYLAW 23139 (AP)

Sri Maddula Jaya prakash v. The State of Andhra Pradesh

WP/15628/2019 · 2025-08-05

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.15628_2019 APHC010327292019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15628/2019 Between: 1. SRI MADDULA JAYA PRAKASH, S/O. MADUULA SURYANARAYANA, AGED ABOUT 46-YEARS, OCC---BUSINESS-, R/O.D.NO-3-77,- UPPALAVARI VEEDI , JAGGAYYAPET, KRISHNA DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT, TEMPORARY SECRETARIAT, AMARAVATHI. 2. JAGGAYYAPET MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, JAGGAYYAPET. 3. THE THASILDER, JAGGAYYAPET-MANDAL, JAGGAYYAPET, KRISHNA DIST. 4. M/S RELIANCE HO INFOCOMM LTD, REP.BY MANAGER, JAGGAYYAPET. KRISHNA DT, A.P 5. MANEPALLI NAGA BRAHAM, S/O LAKSHMI NARASIMHA RAO AGED ABOUT 65YEARS, PREMISES OWNER R/O .H.NO. 3-104, UPPALAVARI VEEDI JAGGAYYAPET, KRISHNA DIST ...RESPONDENT(S): 2 HN, J W.P.No.15628_2019 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 toto issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 4 in permitting the respondent No. 5 for erecting the Mobile cell phone Tower on Sy.No-500/1A1 of Jaggaiahpet Town and Mandal D.No-3-104 Uppalavari Veedi, Jaggayyapet,Krishna dt, belonging to the 5th respondent as illegal, arbitrary, and violation of fundamental rights and against the principles of natural justice and consequently direct the respondents 2 to 4 to stop the on gong erection of the Cell phone Tower in the residential area and dismantle the construction of Mobile cell phone Tower on Sy.No-500/1A1 of Jaggayyapet Town and Mandal D.No-3-104 Uppalavari Veedi, Jaggayyapet and pass IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to stop the on going erection of the Mobile Cell phone Tower in the residential area on the 5th respondent's premises in Sy.No- 500/1A 1 of Jaggayyapet Town and Mandal D.No3-104 Uppalavari Veedi, Jaggayyapet, Krishna dt, forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAVI SHANKAR JANDHYALA Counsel for the Respondent(S): 1. P HEMACHANDRA 2. VENKAT CHALLA 3. GP FOR REVENUE (AP) 4. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 5. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.15628_2019 The Court made the following Order: 1. Heard. 2. Both the learned counsels submit that this writ petition is squarely covered by the common order passed by this court in W.P.No.15293 of 2015, dated 04.0.04.2025. 3. In terms of the same, this writ petition is also disposed of and the petitioner is at liberty to re-agitate his grievance before the Principal Secretary to Government IT E & C Department, if so, advised. There shall be no order as to costs. 4. The Registry is directed to append the copy of the order passed in W.P.No.15293 of 2015, dated 04.0.04.2025 to this order. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 06.08.2025 NKA 4 HN, J W.P.No.15628_2019 197 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.15628 of 2019 Date: 06.08.2025 NKA