1 HN, J W.P.No.15768_2018 APHC010336282018 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: 15768/2018 Between: 1. KASSE RAMA CHANDRA RAO,, S/O. GANESWARA RAO, AGED 36 YEARS, R/O. DOOR NO. 8-1-1/3, 8TH WARD, BALADARIVARI STREET, PATA-PETA, KOWUR, WEST GODAVARI DISTRICT. 2. KALLURI SIVA KUMAR,, S/O. SATYANARAYANA, AGED 38 YEARS, R/O. D. NO. 8-1-1/2, 8TH WARD, BALADARIVARI STREET, PATA- PETA, KOWUR, WEST GODAVARI DISTRICT. 3. GANDROTHU SIVA RAMA KRISHNA,, S/O.VENKATA APPA RAO, AGED 38 YEARS, R/O. D. NO. 8-6-21, 8TH WARD, SEELAMSETTIVARI STREET, PATA-PETA, KOWUR, WEST GODAVARI DISTRICT. 4. BALADARI SATYA VANI,, W/O. V.V NARSIMHA RAO, AGED 63 YEARS, R/O. D. NO. 8-1-21, 8TH WARD, BALADARIVARI STREET, PATA-PETA, KOWUR, WEST GODAVARI DISTRICT. 5. VULLI SIMHACHALAM,, W/O.MANIKAYALA RAO, AGED 50 YEARS, R/O.8-6-18, 8TH WARD, SEELAMSETTIVARI STREET, PATA-PETA, KOWUR, WEST GODAVARI DISTRICT. 6. ATTILI SRINIVAS,, S/O. SRI RAMA MURTHY, AGED 40 YEARS, R/O.8-2-8, 8TH WARD, SEELAMSETTIVARI STREET, PATA-PETA, KOWUR, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 2 HN, J W.P.No.15768_2018 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. KOWUR MUNICIPALITY, REP BY ITS COMMISSIONER, KOWUR WEST GODAVARI DISTRICT. 3. THE HEALTH OFFICER, KOWUR MUNICIPALITY, WEST GODAVRI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, KOWUR REVENUE DIVISION, WEST GODAVARI DISTRICT. 5. THE MANAGER, RELIANCE JIO INFO COM LTD., 401 LAKE SHOLE TOWERS, RAJ BHAVAN ROAD, SOMAJIGUDA, HYDERABAD. 6. POKALA RAVI, S/O. MALLESWARA RAO, AGED 48 YEARS, R/O. D. NO. 8-1-1/4, 8TH WARD, BALADARIVARI STREET, PATA-PETA, KOWUR, W.G.DT. ...RESPONDENT(S): 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 on the part of respondents 1 to 3 in not considering the representations dated 19.02.2018 submitted for prevention of erection of cell phone tower by the 5th respondent on the roof top of building of 6th respondent bearing D.No.8-2-8, in Midst of residential locality in 8th ward, Patapeta of Seelamsettivari Street, Baladarivari Street of Kovvur Municipal Limits as illegal, irregular, irrational and violative of provisions of the Andhra Pradesh Municipalities Act and Rules framed there under, contrary to the G.O.Ms.No.146 dt.19.06.2015, Municipal Administration and Urban Development (M2) Department and also offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents not to erect cell phone tower on the roof top of the 6th respondent and to pass IA NO: 1 OF 2018 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 elect respondents not to erect cell phone '11INer on the roof top of the 3 HN, J W.P.No.15768_2018 building of 6th leipondent bearing D.No.8-2-8, or anywhere in residential locality of Patapeta of ri Street 8th ward in Kowur Municipal pending disposal of the main Writ and pass Counsel for the Petitioner(S): 1. N ANULA Counsel for the Respondent(S): 1. P HEMACHANDRA 2. GP FOR REVENUE (AP) 3. GP MUNCIPAL ADMN AND URBAN DEV(AP) 4. VENKATESWARLU NIMMAGADDA 4 HN, J W.P.No.15768_2018 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 5 HN, J W.P.No.15768_2018 195 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.15768 of 2018 Date: 06.08.2025 NKA