.0APHC010471132021 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: 28530/2021 Between: 1. ALLI PAPAYAMMA, LATE PYDIPALEM, CHANDRAPALEM VILLAGE, SAMALKOTA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , EAST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, PRATTIPADU MANDAL, EAST GODAVARI DISTRICT. 5. THE MANDAL DEVELOPMENT OFFICER, PRATTIPADU MANDAL, EAST GODAVARI DISTRICT. 6. PANCHAYAT SECRETARY, POTHULURU VILLAGE SECRETARIAT, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT. 7. VILLAGE REVENUE OFFICER, , POTHULURU VILLAGE, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT. 2 8. NAGULAPALLI APPARAO, , S/O SURYARAO, R/O POTULURU VILLAGE, PRATTIPADU MANDAL, EAST GODAVARI DISTRICT. 9. RELIANCE JIO LNFOCOM, , K.K. TOWERS, M.G. ROAD, VIJAYAWADA 520010, REP. BY ITS AUTHORISED SIGNATORY. 10. 10 THE STATION HOUSE OFFICER, PRATHIPADU POLICE STATION, EAST GODAVARI 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 preferably a writ in the nature of Mandamus declaring the action of the 7th Respondent in issuing an un-dated certificate declaring the 8th Respondent as owner of petitioner's open land admeasuring 240 square yards purchased by her husband under Registered Sale Deed bearing Document No.1540/1981, dated 1.7.1981 and the action of the 4th Respondent in issuing a certificate vide Reference No.B/5/2020, dated 28.7.2021 fortifying the action of the 7th Respondent and the consequent action of the 6th Respondent in giving permission to the 9th Respondent to erect cell tower in the petitioner's land without considering the objection letter dated 4.9.2021 given by the petitioner as illegal, arbitrary, violative of principles of natural justice and unconstitutional and set aside the same and consequently direct the 9th Respondent not to interfere with the petitioner's land not to erect and install cell tower in the petitioner's land and pass IA NO: 1 OF 2021 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 9th Respondent not to erect and install cell tower in the petitioner's land admeasuring 240 square yards purchased by her under Registered Sale Deed bearing Document No. Document No.1540/1981, dated 1.7.1981 pending disposal of the Writ Petition and pass IA NO: 2 OF 2021 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 respondents 2 to 6 herein forthwith to consider and pass 3 appropriate orders on the representation dated 04-09¬2021 submitted by the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAM BABU DEVAVARAPU Counsel for the Respondent(S): 1. P HEMACHANDRA 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. T V JAGGI REDDY The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28530/2021 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “…..pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the respondents 2 to 6 herein in allowing the respondents 7 and 8 herein for installation of Reliance Jio Telecommunication Tower in the land an extent of 240 Sq.yards in Sy.No.127 situated at Pothuluru Village, Prathipadu Mandal, East Godavari District without concern of the petitioner and without considering the Objections/Representation dated 04-09-2021 submitted by the petitioner herein as illegal, arbitrary, unreasonable and violative of Articles 14, 21 and 300-A of Constitution of India and besides contrary to the provisions of Andhra Pradesh Gram Panchayat Act, 1994 and Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules, 2012 and consequently direct the respondents herein not to allow the respondents 7 and 8 herein for installation of Reliance Jio Telecommunication Tower in the land an extent of 240 sq.yards in Sy.No.127 situated at Pothuluru Village, Prathipadu Mandal, East Godavari District and consequently direct the respondents 2 to 6 herein to consider the objections/representation dated 04-09-2021 and pass appropriate orders in accordance with law and pass…..” 2. Heard learned counsel for the petitioner, learned Government Pleader appearing for the respondents and Sri P. Hema Chandra, learned Standing Counsel for Civil Supplies Corporation Limited. 5 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 in terms of W.P.No.15293 of 2015. Wherein, the relevant portion of the said order, 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 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 6 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.” 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 their 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 7 300 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28530 of 2021 31.07.2025 SSCCHH