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2025 DAILYLAW 3630 (KAR)

M/S ASCEND TELECOM v. THE STATE OF KARNATAKA

WP/100965/2025 · 2025-02-12

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2852 WP No. 100965 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100965 OF 2025 (GM-POLICE) BETWEEN: M/S. ASCEND TELECOM INFRASTRUCTURE PVT. LTD., REGISTERED OFFICE AT- NO. 37-2, PLOT NO. 332, MANI MANSION, DEFENCE COLONY, SAINIKPURI, SIKANDRABAD, ANDRAPRADESH. BRANCH OFFICE AT: SANGEETHA TOWER, NO.3, 80 FEET ROAD, INDIRA NAGAR, BANGALORE -560 038, REP. BY ITS POWER OF ATTORNEY HOLDER S. RAVI SHETTY, S/O. SRI. SUBBRAMANYA SHETTI. …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU, REPRESENTED BY CHIEF SECRETARY. DEPT OF HOME AFFAIRS- 560029. 2. THE SUPERINTENDENT OF POLICE, BELLARY DISTRICT, BELLARY- 583101. 3. THE STATION HOUSE OFFICER, BELLARY RURAL POLICE STATION, BELLARY- 583102. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2852 WP No. 100965 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 3 TO EXTEND ADEQUATE PROTECTION TO THE PETITIONER’S MOBILE TELECOMMUNICATION TOWER INSTALLED IN THE “PETITION SCHEDULE PROPERTY” AND FURTHER TO EXTEND ADEQUATE PROTECTION TO THE WORKERS AND ASSETS CONNECTED WITH THE TELECOMMUNICATION TOWER THEREON. ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCE OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by this Court in W.P. No.107740/2024, disposed of on 16th January 2025. This Court held as follows: “1. The petitioner is before this Court seeking the following prayer: A) Issue a writ of mandamus directing the respondents 1 and 2 to extend adequate protection to the petitioners mobile telecommunication tower being installed - 3 - NC: 2025:KHC-D:2852 WP No. 100965 of 2025 in the “PETITION SCHEDULE PROPERTY” and further to extend adequate protection to the workers and assets connected with the telecommunication tower thereon; B) Any other writ or order or direction as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity. 2. The petitioner-Company is said to have entered into a licence agreement with one Smt.Danavva Rathod to put up a mobile communication tower. It transpires that the neighbourhood being aggrieved by the erection of the tower on the roof of the residence of aforesaid Dannavva Rathod, had staged a protest and is also seeking vengeance the tower that is erected. 3. It is at that stage, the petitioner has approached this Court without submitting a representation to the police seeking police protection. Therefore, the petitioner shall submit a representation seeking police protection, if he is wanting so. The respondent-State shall consider the same in accordance with law i.e., in terms of the Government Order dated 04.11.2018, which depicts circumstances under which police protection should be given to the citizen. The said representation shall be submitted by the petitioner within two weeks from today and the consideration of which shall happen within four weeks thereafter, if not earlier. 4. All contentions left open. 5. Ordered accordingly.” 2. In the light of the issue standing covered by the judgment passed by this Court (supra), on all its fours and - 4 - NC: 2025:KHC-D:2852 WP No. 100965 of 2025 on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE Vnp /CT: ASC List No.: 3 Sl No.: 31