1 HN, J W.P.No.30636_2014 APHC010464522014 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: 30636/2014 Between: 1. B.ASWINI KUMAR,, S/O RAMA MURTHI, AGED 33 YEARS, R/O D.NO.20/659-8-2-1. 2. G.KOTESWARA RAO,, S/O ADHISESHAIAH, AGED ABOUT 65 YEARS, R/O D.NO.20/659-7-4-1. 3. P.DEVADANAM,, S/O ANDRUS, AGED ABOUT 65 YEARS, R/O D.NO.20/699-1-1-5. 4. NUKALA BENERJI BABU,, S/O HARI NARAYANA, AGED ABOUT YEARS, R/O D.NO.20/659-6-2A. 5. V.V.NARASIMHA RAO,, S/O SOMAIAH, AGED ABOUT 45 YEARS, R/O D.NO.20/585-22. ALL THE PETITIONERS' HOUSES ARE SITUATE IN RTC COLONY, LAKSHMANARAOPURAM, MACHILIPATNAM. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. MACHILIPATNAM MUNICIPALITY, REP. BY ITS COMMISSIONER, MACHILIPATNAM. 2 HN, J W.P.No.30636_2014 3. THE DISTRICT COLLECTOR KRISHNA MACHILIPATNARN, - 4. THE TAHASILDAR MACHILIPATNAM KRISHNA DISTRICT, - 5. THE DEPUTY DIRECTOR GENERAL, TELECOM ENFORCEMENT RESOURCE AND MONETORING CELL, 3RD FLOOR, D.NO.10 & 11, TELECOM OFFICERS' QUARTERS, TICKKLE ROAD, MOGHALRAJAPURAM, VIJAYAWADA-10. 6. M/S RELIANCE JIO INFOCOMM LTD, D.NO.59-14-2A, 2ND FLOOR, SANTHI PLAZA, SBI UP STAIRS, GAYATHRINAGAR, VIJAYAWADA, REP.BY ITS AUTHORISED SIGNATORY. 7. GORIPARTHI BASAVESWARA RAO BABU, S/O PAPA RAJU, D.NO.20/659-8-2-29/A, RTC COLONY, MACHILIPATNAM. ...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 an appropriate writ, order or direction particularly one in the nature of writ of Mandamus declaring the proceedings bearing Rc.No.2177/2014/G1, dated 26.7.2014 issued by the 2nd respondent as illegal, arbitrary and ultra vires to the provisions of Articles 14 and 21 of the Constitution of India besides being in violation of Doctrine of principles of natural justice and consequently directing the respondents 2 to 4 to prevent the erection of roof top tower at the property bearing Door No.20-659-8-2-29, Lakshmanaraopuram, RTC Colony, Machilipatnam by the respondent Nos. 6 and 7 IA NO: 1 OF 2014(WPMP 38293 OF 2014 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 suspend the proceedings bearing Rc.No.2177/2014/G1, dated 26.7.2014 issued by the 2nd respondent, pending disposal of the above writ petition IA NO: 1 OF 2015(WPMP 110719 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): 3 HN, J W.P.No.30636_2014 1. V S R ANJANEYALU 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.30636_2014 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.30636_2014 191 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.30636 of 2014 Date: 06.08.2025 NKA