APHC010014512015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2929 OF 2015 Between: V.Ramachandrea Reddy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Rep By Its Principal and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G MADHUSUDHAN REDDY Counsel for the Respondent(S): 1. R RADHA KRISHNA REDDY(SC FOR GHMC) 2. P HEMACHANDRA 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4. MD SALEEM The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2929 OF 2015 ORDER: This 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 declaring the action of the 2nd respondent in not taking any steps to prevent the fourth respondent from illegally constructing the cell tower in between the residential houses on the rooftop of the house of third respondent i.e H.No.1-205-D-10, Behind Indo Factory, Tarlupadu Road, Markapuram as arbitrary, illegal and violative of Article 14, 21 and 300-A of the Constitution of India and pass such other orders....” 2. Learned counsel for the petitioners would submit that there are no ready instructions at this point of time from the petitioners. 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 Subsequently, the same was superseded and G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 was issued by the Government of Andhra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 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 petitioners to re-agitate their grievance before the Principal Secretary to Government IT E&C Department, if so, advised. 6. Accordingly, this Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.04.2025 KK