APHC010567882015 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: 5805 OF 2015 Between: R.Siva Ramakrishna, S/o Venkatarao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. A V S LAXMI Counsel for the Respondent(S): 1. P HEMACHANDRA 2. S LAKSHMINARAYANA REDDY(SC FOR GVMC) 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5805 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 G.O.Ms.No.380 Municipal Administration and Urban Development Department, dated 01.08.2013 and the proceedings in Rc.No.7559/2014/ACP(Advt) dt.11.08.2014 of the 2nd Respondent and in not taking steps for removal of the cell towers erected on the terrace/ roofs of the Respondent No.5, as being illegal, arbitrary, violative of Article 14, 21 of the Constitution of India and consequently by setting aside the same, direct the Respondents to remove the cell tower erected on the terrace/ roofs of the 5th Respondent and pass such other orders....” 2. Learned counsel for the petitioner would submit that there are no ready instructions at this point of time from the petitioner. 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 Subsequently, the same was superseded and G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 was issued by the Government of Andhra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 petitioner to re-agitate his 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