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2025 DAILYLAW 33453 (AP)

YARRAGONDLA VEDAVATHI v. THE STATE OF AP

WP/26170/2024 · 2025-01-06

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26170 OF 2074 Between: 1. Yarragondia Vedavathi, W/o Venkata Ramana Aged about 55 years, Occ. agriculture, R/o. Door No.00, Lakshmipuram Village, H/o Surabhi Village, Chakrayapeta Mandal, YSR Kadapa District. 2. Yarragondia Venkata Ramana, S/o Subbanna Aged about 58 years Occ. agriculture, R/o. Door No. 00, Lakshmipuram Village, H/o Surabhi Village, Chakrayapeta Mandal, YSR Kadapa District. ...PETITIONERS AND 1. The State of AP, Rep. by its Principal Secretary, Revenue Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, AP. 2. The Union of India, Rep. _ , by its Secretary, department of Telecommunication, Sanchar Bhavan, New Delhi - 110 001. 3. The Bharat Sanchar Nigam Limited, Rep. by its Chairman and Managing Director, BSNL Corporate Office, Bharat Sanchar Harish Chandra Mathur Line, Janpath, New Delhi - 110 001. 4. The Chief General Manager, Telecom (BSNL), Andhra Pradesh Telecom Circle 4th floor, BSNL Bhavan, Chuttugunta, Vijayawada 004. Bhavan, - 520 5. The District Coiiector, YSR Kadapa District, Kadapa. 6. The Marrdal Tahsildar, Chakrayapeta Mandai, YSR Kadapa District. ...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 one in the nature of a writ of mandamus declaring the action of the 4th and 5th respondents in not consider the petitioners representation, dated 10-09^024 by not erecting the BSNL tower between the road / donka/ bandi dari situated in survey No. 1230 of Surabhi Revenue Village, Chakrayapeta Mandal, YSR Kadapa District is illegal, arbitrary, and violative of Principles of natural justice and violative of Art. 14, 19 and 21 of the Constitution of India and consequently direct the 4th and 5th respondents to consider the petitioners representation, dated 10-09-2024 by not erecting BSNL tower between the road / donka/ bandi dari situated in survey No. 1236^f Surabhi Revenue Village, Chakrayapeta Mandal, YSR Kadapa District^ lA NO: 1 OF 2024 vy 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 4th and 5th respondents not to erect the cell tower between the road / donka / bandidari situated in survey No. 1230 of Surabhi Revenue Village, Chakrayapeta Mandal, YSR Kadapa District without showing alternative road for ingress and aggress to the petitioners fields, pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAMESH N Counsel for the Respondent Nos. 1, 5 & 6: GP FOR REVENUE Counsel for the Respondent Nos. 3 & 4: MS. M V SANTHI SREE (SC FOR BSNL) Counsel for the Respondent No.2: — The Court made the following: ORDER \ 1 J [3328] APHC010502372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26170 OF 2024 Between: 1.YARRAGONDLA VEDAVATHI, W/0 VENKATA RAMANA AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/0. DOOR NO.OO, LAKSHMIPURAM VILLAGE, H/0 SURABHI VILLAGE, CHAKRAYAPETA MANDAL, YSR KADAPA DISTRICT. 2.YARRAGONDIA VENKATA RAMANA,, S/0 SUBBANNA AGED ABOUT 58 YEARS, OCC. AGRICULTURE, R/0. DOOR NO. 00, LAKSHMIPURAM VILLAGE, H/0 SURABHI VILLAGE, CHAKRAYAPETA MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. 2.THE UNION OF INDIA, REP., BY ITS SECRETARY, DEPARTMENT OF TELECOMMUNICATION, SANCHAR BHAVAN, NEW DELHI - 110 001. 3.THE BHARAT SANCHAR NIGAM LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LINE JANPATH, NEW DELHI - 110 001. BSNL CORPORATE OFFICE, 2 general manager, telecom (BSNL), ANDHRA PRADESH TELECOM CIRCLE 4TH FLOOR, BSNL BHAVAN CHUTTUGUNTA, VIJAYAWADA - 520 004. 5.THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 6.THE MANDAL TAHSILDAR, CHAKRAYAPETA MANDAL KADAPA DISTRICT. YSR ...RESPONDENT(S); Counsel for the Petltioner(S): 1.RAMESH N Counsel for the Respondent(S): 1.GP FOR REVENUE 2.VSANTHISREE The Court made the following ORAL ORDER: Heard Sri N. Ramesh, learned Counsel for the Writ Arjun Chowdary, learned Asst. Government Pleader M.V. Santhi Sree, learned Standing Counsel for Nos.3, 4 and 6). 2. Counter-Affidavit has been filed on 04.01.2025 averments in the Counter-Affidavit (Para No.3) hereunder; Petitioners and Sri for Revenue and Ms. the B.S.N.L. (Respondent The relevant are usefully extracted “It is respectfully submitted that BSNL has stopped the Tower work immediately after objections from the Neighbouring farmers. Now BSNL has requested the District Collector, YSR district to allot suitable alternate Land in this village for the construction of Tower. BSNL will proceed with tower erection work in this village on undisputed land allotment by the District Administration. ” 3. The above extract of the Counter-Affidavit would indicate that Respondent Nos. 3 and 4 have dropped the idea of erecting Cell Tower Government Land with the in the a view to seek allotment of suitable alternate land. It is \ 3 also stated that this decision has been taken after considering the objections from the neighbouring farmers. Having taken on record the Counter-Affidavit and having noted its contents, this Court deems it appropriate to dispose of this Writ Petition in terms of the above extract because no further orders are required. 4. 5. Accordingly, this Writ Petition stands disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M PRABHAKAR RAO ASaSTANTREGISTRAR //TRUE COPY// N OFFICER To, 1. The Principal Secretary, Revenue Department Velagapudi, Amaravathi, Guntur District, AP. A.P. Secretariat SanchtrThtl,&eL'"ff6 Telecommunication, Managing Director, Bharat p°''P0!'3te Office, Bharat Sanchar Mathur Line, Janpath, New Delhi - 110 001. Sanchar Nigam Limited, Bhavan, Harish Chandra 5. The District Collector, YSR Kadapa District, Kadapa. 6. The Mandal Tahsildar, Chakrayapeta Mandal, 7. One CC to Sri Ramesh N Advocate [OPUC] 8. One CC to Ms. M V Santhi sree YSR Kadapa District. (SC for BSNL) Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra 10. Three CD Copies Pradesh [OUT] TF 9 7^ HIGH COURT DATED:06/01/2025 ORDER 2 ^ JAN 2025 I ^ , Current Section . ^ WP.No.26170 of 2024 :7^ lo DISPOSING OF THE W.P., WITHOUT COSTS