IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23169 OF 2024 Between: 1. Arepalli Chenna Rao, S/o A.Venkateswara Rao, Aged about 38years, Cultivation & Coolie, D.No. 126/a, Vijayawada Rural, Pattipadu, Krishna District-521212. 2. Arepalli Srinivasulu, S/o A.Veeraraghavaiah, Aged about 35years, Cultivation & Coolie, D.No.2-142, Vijayawada Rural, Pathapadu, Krishna District-521212. ...PETITIONERS AND 1. The State of AP, Represented by its Principal Secretary for Revenue Department, Secretariat, Velagapudi Guntur District, 2. The District Collector, NTR District,Vijayawada. 3. The Sub Collector, NTR District,Vijayawada. 4. The Tahsildar, Vijayawada Rural, NTR District,Vijayawada. 5. The Gram Panchayath Secretary, Vijayawada Rural (Pathapadu), NTR District. 6. The Manager, Indus Towers Ltd., Building No.lOA, 4th Floor, DLF Cyber City, Gurgaon - 122 002. i 7. The Manager, Airtel Head Office, D.No.1-8-437, 438 and 445, Splendid Towers, 0pp. Begumpet Police Station, Huda Road, Begumpet, Hyderabad - 500016,Telangana State. ' 8. Bejawada Parvathi, W/o. B.Venkateswara Rao, Aged about 60 years. Business, Vijayawada Rural, Pathapadu, Krishna District-521212. ...RESPONDENTS % Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly V -> one in the nature of Writ of Mandamus, by directing the Respondents 2 to - 8 not to erect by operating New/Existing Telecom Infrastructure Towers (RTT, GBT, Micro Small Cells etc.) at premises Sy. No. Sy.No.290, Premises/Door No. 0, Pathapadu Panchayat, Vijayawada Rural Mandal, NTR District, through proceedings of Order in Roc.No 1506/214703/ Pa/TT/2024, Dt.05.10.2024 issued by the Respondent No.5, by setting aside the same as null and void. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 2 to 8 for stoppage of erecting with operating New/Existing Telecom Infrastructure Towers (RTT, GBT, Micro Small Cells etc.) at premises Sy. No.: Sy.No.290, Premises/Door No.: 0, Pathapadu Panchayat, Vijayawada Rural Mandal, NTR District, through proceedings of Order in Roc.No:1506/214703 / Pa/TT/2024, Dt.05.10.2024 issued by the Respondent No.5 of suspension of the same pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI P VASU SEKHAR Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI Y KOTESWARA RAO (SC FOR ZPP, MPP & GRAM PANCHAYAT) Counsel for the Respondent No.7: SRI SANJAY SURINENI Counsel for the Respondent Nos. 6 & 8: — The Court made the following: ORDER % APHC010450682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] 0 THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23169/2024 Between: Arepalli Chenna Rao and another ...PETITIONER(S) AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner(S): 1.P VASU SEKHAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gram Panchayats 3.SAI SANJAY SURANENI The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.23169 of 2024 ORDER: The writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, by directing the Respondents 2 to 8 not to erect by operating New/Existing Telecom Infrastructure Towers (RTT, GBT, Micro Small Cells etc.) in the premises situated in Sy.No.290, Premises/Door No. 0, Pathapadu Panchayat, Vijayawada Rural Mandal, NTR District, through proceedings of Order In Roc.No 1506/214703/ Pa/TT/2024, Dt.05.10.2024 Issued by the Respondent No.5, by setting aside the same as null and void and prays to pass such other order orders as this Hon’bie Court may deems fit just and proper in the circumstances of the case. ” or 2. Heard learned counsel for the petitioners and learned counsel appearing for the respondents. Learned counsel appearing for the 6*^ respondent would submit that the issue in the present writ petition is covered with the order, dated 19.02.2024 passed by this Court in W.P.No.20312 of 2023 well as the order, dated 05.03.2020 of this Court in W.P.No.5677 of 3. as 2020. As per the affidavit filed in support of the writ petition, the issue involved in this matter and the issue raised in the W.P.No.20312 of 2023, are one and the same and the said issue was decided with the 4. 3 order, dated 19.02.2024 of this Court in W.P.No.20312 of 2023. Hence, this Court is inclined to dispose of this writ petition directing the petitioners herein to raise their grievance before the authorities of Department of Telecommunications or the District Level Telecom Committee. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Office is directed to attach the copy of the order, dated 19.02.2024 in W.P.No.20312 of 2023 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SURYANADH REDDY DEPUTY REGISTRAR SECT^h //TRUE COPY// N OFFICER To, 1- The Principal Secretary Velagapudi Guntur District, 2. The District Collector. NTR District,Vijayawada. 3. The Sub Collector, NTR District,Vijayawada. 4- The Tahsildar, Vijayawada Rural ^ Disfricr"" Panchayath Secretary, Vijayawada 6. The Manager, Indus Towers Cyber City Gurgaon - 122 002 " S"Tpr‘C^r^“ice Hyderabad - 500016 TelanganaLte. ""’ ^ ^^^umpet, for Revenue Department Secretariat, NTR District,Vijayawada. Rural (Pathapadu), NTR Ltd., Building No.lOA, 4TH Floor, DLF CC to Sri P Vasu Sekhar Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra 10. One CC to Sri Y Koteswara Rao (SC for ZPP [OPUC] ^ 11. One CC to Sri Sai Sanjay Surineni Advocate [OPUC] 12. Three CD Copies (Along with a copy of order dt. 19.02.2024 in WP No. 20312 of 2023) Pradesh. [OUT] MPP & GP) Advocate TF HIGH COURT DATED:23/01/2025 ORDER WP.No.23169 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR [^PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA SMB [ 3209 ] APHC0I0396642023 WRIT PETITION NO: 20312 OF 2023 Between: M SREE RAMI REDDY AND OTHERS ...PETITIONER(S) AND STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S) Counsel for the Petitioner(s):SRI. M CHINNAPA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: Heard learned counsel for the petitioners. Also heard learned counsel * * appearing for the respective respondents. 2. The writ petition is filed seeking the following relief: “ to issue a writ order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the Respondents 2 to 5 in erecting the cellular tower in Plot No.73 in Survey No.114-2 of Rudrampet Village, Ananthapur District, which is very near to 140 feet distance from the residents of the Kattakindapalli Village of Rudrampet Gram Panchayat, Ananthapuram District as illegal, arbitrary, and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents 2 to 5 not to erect cellular tower in Plot No.73 in Survey No.114-2 of Rudrampet Village, Ananthapur District, which is very near to 140 feet distance from the residents of the Kattakindapalli Village of Rudrampet Gram Panchayat, Ananthapuram District.” The learned counsel for the petitioners made submissions with reference to the averments made in the affidavit filed in support of the writ petition to the effect that the petitioners are owners of plot admeasuring an extent of Ac.0.05 cents in Survey No.114-2 of Kattakindapalli Village, which was purchased for a valuable 3. consisting population of 1500 and cellular tower, the 5‘^ respondent authorities including the Gram middle of the village. He submits that it is a small village requirement for the erection of a consideration. He though there is no without seeking permission from the concerned cell phone tower in the is hazardous to the health of the inhabitants Panchayat had constructed a the erection of cell tower is submits that as of the village petitioners brought the same that as the respondents constrained to approach and they would be affected by the radiation emitted from the tower, the to the notice of the have not taken any action in the matter, the petitioners are respondents 4 and 5. He submits this Court by way of the present writ petition. behalf of respondent G.O.Ms.No.2 dated 26.05.2023, the . He further submits that as per Establishment of Telegraph Mr.T.D.Phani Kumar, the learned counsel appearing on terms of the orders in Gram Panchayat is not mandatory 4. No.5 submits that in permission of the No.21 of the said G.O., which deals with the Para Infrastructure over private property, the applicant, who proposes the establishment is appropriate authority. He also places learned Judge dated 05.03.2020 in W.P.No.5677 of not required to seek any permission from the the decision of a learned Judge passed the following order: reliance on 2020, wherein the 7. so far as apprehension of b^en^Tai; Madl°HigrCourin c1'.o'p"n:.“444 of 2019 dated 07.06.2019, wherein it was held thus; one can be .■6. This court has consistently taken ‘be 3 „ere rpTe"bo:M-f-^ prevented to be installed on mere apprehensions. m .hat View, When there is no “^runrE^rSherse^ ml rpmhrsion^SIhl^v^agrLuh^Tower may emit radiation and other hazardous %% Telecom Enforcement and Resources Monitoring TERM) Cell of the Department of Telecommunications (DoT), Government of India. In W.P.No.39439 of 2017 dated 28.11.2017, a learned Single Judge of High Court of Judicature at Hyderabad has held that by virtue of G.O.Ms.No.146, Municipal Administration & Urban Development (M2) Department, dated 19 06 2015 the petitioners are at liberty to approach the TERM cell of DoT for redressal of the grievance as the said authority is meant to look into the said aspects. In that rejection of application is factually and legally untenable." Considering the submissions made and perusing the latest G.O.Ms.No.2 dated 26.05.2023, the contentions raised on behalf of the petitioners, merits appreciation. view, 5. no Insofar as the grievance voiced by the learned counsel for the petitioners with regard to emission of radiation, they may make appropriate representation before the authorities of Department of Telecommunications or the District Level Telecom Committee, if they are so advised. 6. With the above observations, the writ petition is disposed of. The interim stay shall stand vacated. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. NINALA JAYASURYA, J Date: 19.02.2024 Note: Issue C.C. for 4 days. B/o. BLV