Yelanati David Raju v. The State of Andhra Pradesh., rep. by its Principal
WP/12898/2015 · 2025-08-05
Harinath N
body2025
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[ 2025 DAILYLAW 27591 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27591 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HN, J W.P.No.12898_2015
APHC010391782015
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: 12898/2015 Between:
1. YELANATI DAVID RAJU, S/O.KONDALA RAO, HINDU, AGED ABOUT 36 YEARS, R/O.11-9-59/2, NTR ROAD, PANDURANGAPETA, TENALI, GUNTUR DISTRICT. 2. GUNDALA GANGA, S/O.SUDHAKAR, HINDU, AGED ABOUT 27 YEARS, R/O.11-9-9, NTR ROAD, PANDURANGAPETA, TENALI, GUNTUR DISTRICT. 3. JONNALAGADDA BALA GURAVAIAH, S/O.KIRPAL, HINDU, AGED ABOUT 42 YEARS, R/O.11-9-8, NTR ROAD, PANDURANGAPETA, TENALI, GUNTUR DISTRICT. 4. KANRNE CHENNAIAH, S/O.ANKAIAH,L-FINDU, AGED ABOUT 39 YEARS, R/O.11-9-19, YERRAVARI STREET, PANDURANGAPETA, TENALI, GUNTUR DISTRICT. 5. MUKKU PREMANANDAM, S/O.YESUPADAM, HINDU, AGED ABOUT 68 YEARS, R/O.D.NO.11-9-63/1, NTR ROAD, PANDURANGAPETA, TENALI, GUNTUR DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL, SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, HYDERABAD. 2 HN, J W.P.No.12898_2015
2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, MASABTANK, HYDERABAD. 3. TENALI MUNICIPALITY REP BY ITS COMMISSIONER, TENALI, GUNTUR DISTRICT. 4. THE TOWN PLANNING OFFICER TENALI MUNICIPALITY, TENALI, GUNTUR DISTRICT. 5. THE DIVISIONAL ENGINEER APSPDCL, CHENCHUPET, TENALI, GUNTUR DISTRICT. 6. RELIANCE COMMUNICATIONS REP BY ITS J I O, INFORMATION COM LTD., PLOT NO.301, LAKESHORE TOWERS, D.NO.6-3- 1090/B/1, RAJBHAVAN ROAD, SOMAJIGUDA, HYDERABAD. 7. RELIANCE COMMUNICATIONS REP BY ITS AUTHORIZED OFFICER, YEDLA GANGADHAR COMPLEX, NEAR LAKSHMI TALKIES, TENALI, GUNTUR DISTRICT. 8. PONTHAGANI NAGARATHNAMMA, W/O.TIRUPATHAIAH, HINDU, AGED ABOUT 48 YEARS, MUNICIPAL COUNCILOR, R/O.D.NO.11-9- 58/1, NTR ROAD, PANDURANGAPET, TENALI, GUNTUR 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 toIssue a Writ of Mandamus or any other appropriate Writ, or Order declaring the action of the respondents 3 and 4, in not taking any action on the legal notice dated 11.04.2015, with regard to the unauthorized erection of cell tower by the respondents 6 and 7 on the top of the building bearing D.No.11- 9-58/1, NTR Road, Pandurangapet, Tenali, Guntur District, belongs to the 8th respondent, which is endangering to the lives of the petitioners and other residents of that locality as illegal, arbitrary, unjustified and contrary to the principles of natural justice and consequently, direct the respondents to follow the procedure as contemplated under law by considering the legal notice of the petitioners dated 11.04.2015 and to pass IA NO: 1 OF 2015(WPMP 16953 OF 2015 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
3 HN, J W.P.No.12898_2015
direct the respondent 5 not to give any power supply connection to the unauthorized cell tower erected by the respondents 6 and 7 on the top of the building bearing D.No.11-9-58/1, NTR Road, Pandurangapet, Tenali, Guntur District belongs to the 8th respondent, pending disposal of the writ petition and to pass IA NO: 4 OF 2015(WPMP 122779 OF 2015 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 Counsel for the Petitioner(S):
1. N SRIHARI Counsel for the Respondent(S):
1. P HEMACHANDRA
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)
3. V R REDDY KOVVURI (SC FOR APCPDCL)
4. VENKATESWARLU NIMMAGADDA
4 HN, J W.P.No.12898_2015
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.12898_2015
194 HONOURABLE SRI JUSTICE HARINATH.N
Writ Petition No.12898 of 2015
Date: 06.08.2025
NKA