APHC010003562020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 475/2020 Between: 1. DR.S.RAMBABU, S/O.SUBBA RAO, AGED ABOUT 46 YEARS, RIO. 1G WARD, PEDAMADDALI, KRISHNA DISTRICT. AADHAR NO.8539 6142 7720. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. PEDAMADDALI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY PEDAMADDALI, PAMMARU MANDAL, KRISHNA DISTRICT. 3. RELIANCE GIO INFOTECH LIMITED, HOUSE NO.40-1-72D, 5TH FLOOR, K.K.TOWERS, OPP. HDFC BANK, M.G.ROAD, VIJAYAWADA, KRISHNA DISTRICT. ...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 topleased to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents in stopping the unauthorized and illegal erection of Telecommunication Infrastructure Tower in R.S.No.440/10 of Peddamadali 2 Gram Panchayat, Pammaru Mandal, Krishna District by the 3rd respondent as arbitrary, illegal and violative of A.P.Gram Panchyat (Erection of Telecommunication Towers) Rules, 2012 and consequently direct the respondents to stop the structure forthwith IA NO: 1 OF 2020 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 pleased to direct the 3rd respondent to stop the operation of TIT in R.S.No.440/10 of Peddamadali Gram Panchayat, Pammaru Mandal, Krishna District pending, disposal of the above writ petition IA NO: 1 OF 2023 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 Pleased to grant leave to the petitioner herein respondent No. 2 in WP No. 475 of 2020 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. P HEMACHANDRA 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 475/2020 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “…..pleased to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents in stopping the unauthorized and illegal erection of Telecommunication Infrastructure Tower in R.S.No.440/10 of Peddamadali Gram Panchayat, Pammaru Mandal, Krishna District by the 3rd respondent as arbitrary, illegal and violative of A.P. Gram Panchyat (Erection of Telecommunication Towers) Rules, 2012 and consequently direct the respondents to stop the structure forthwith…..” 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioner submits that in similar set of facts, this Court passed an order dated 04.04.2025 in W.P.No.15293 of 2015. Further, learned counsel for the petitioner prayed this Court to consider the same and dispose of the present Writ Petition. Wherein, the relevant portion of the said judgment, dated 04.04.2025, is extracted hereunder: “3. Learned counsel for the Respondent No.4 submits that by the date of filing of Writ Petition, Cell Towner was 4 already established and the present Writ Petition was filed on the basis of executive instructions, vide G.O.Ms.No.380, Municipal Administration & Urban Development, dated 01.08.2013. Subsequently, the same was superseded and G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 was issued by the Government of Andhra Pradesh, wherein mechanism for resolution for disputes was provided as per Clause 25, which reproduced hereunder: 25. Resolution of disputes 25.1. The Principal Secretary to Government, IT E&C department, GoAP is appointed, as the Dispute Resolution Officer (DRO), vide Gazette 20th read above, for the State of Andhra Pradesh. 25.2. The Joint Collector (V,WS&D) shall act as the District Nodal Officer for resolution of disputes at the competent/ appropriate authority level. 25.3. The officer designated by the by state Government shall determine the disputes referred to in clause 25.1 within a period not exceeding sixty (60) days in such manner as may be specified by the Central/State Government from time to time. 4. As per G.O.Ms.No.2, dated 26.05.2023, the Principal Secretary to Government IT E&C is appointed for Dispute Resolution Officer (DRO) and the Joint Collector (V, WS & D) shall act as the District Nodal Officer for resolution of disputes at the competent/ appropriate authority level. 5. In that view, granting liberty to the petitioner to re- agitate his grievance before the Principal Secretary to Government IT E&C Department, if so, advised.” 5 4. The learned Government Pleader does not refute the submission that the said order covers the matter before this Court in this Writ Petition. 5. In view of the facts of the present case, the Writ Petition is disposed of in terms of the order dated 04.04.2025 in W.P.No.15293 of 2015 by granting liberty to the petitioner 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. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 31.07.2025 SSCCHH 6 215 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.475 of 2020 31.07.2025 SSCCHH