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2025 DAILYLAW 38348 (AP)

Bharat Sanchar Nigam Limited, v. The State of Andhra Pradesh, Rep. by the Principal

WP/2277/2013 · 2025-01-03

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010513112013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION Nos: 2190, 2277 & 2281/2013 Between: Bharat Sanchar Nigam Limited, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following order: 2 COMMON ORDER : W.P.No.2190 is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ in the nature of a writ of mandamus or any other appropriate writ direction or order declaring that the demand of a fee of Rs. 25,000/- towards installation fee for each Tower by the 2nd respondent as illegal and void and direct them to grant permission to the Cellular Towers already erected and new towers to be erected by petitioner without insisting upon the payment of the fee of Rs. 25,000/- towards installation for each tower…...” W.P.No.2277 is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ in the nature of a writ of mandamus or any other appropriate writ direction or order declaring that the demand of a fee of Rs. 15,000/- towards installation fee for each Tower by the 2nd respondent as illegal and void and direct them to grant permission to the Cellular Towers already erected and new towers to be erected by petitioner without insisting upon the payment of the fee of Rs. 25,000/- towards installation for each tower…...” W.P.No.2281 is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a Writ in the nature of a writ of mandamus or any other appropriate writ direction or order declaring that the demand of a fee of Rs. 50,000/- and 20,000/- towards installation fee for GBT and RTT respectively and Rs.20,000/- towards Annual Renewal fee for each tower by the 2nd respondent as illegal and void and direct them to grant permission to the Cellular Towers already erected and new towers to be erected by petitioner without each insisting upon the payment of the fee of Rs.50,000/- and 20,000/- towards installation fee and Rs.20,000/- towards Annual Renewal fee for each tower …...” 2. As the relief sought in these Writ Petitions is one and the same they are being disposed of by a common order. 3. Heard learned counsel for the petitioner, learned Government Pleader appearing for 1st respondent and learned Standing Counsel appearing for the 2nd respondent. 3 4. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 12.12.2023 passed by this Court in W.P.No.7077 of 2013 and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Government Pleader for appearing for the respondents. The operative portion of the said order, reads as under: In view of the discussions, the Writ Petition is disposed of directing the local body not to demand/insist any payment towards permit fee, since there is no Government order, exists, in respect of cell towers already erected as on 01.08.2013 prior to issuance of G.O.Ms.No.380, dated 01.08.2013. There shall be no order as to costs. 5. In view of the same, for the reasons alike in the aforesaid order, these Writ Petitions are also disposed of, in terms of the order dated 12.12.2023 passed by this Court in W.P.No.7077 of 2013. There shall be no order as to costs. 6. Registry is directed to attach the copy of the order dated 12.12.2023 passed by this Court in W.P.No.7077 of 2013 to this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, in these Writ Petitions shall stand closed. __________________ JUSTICE V.SUJATHA Date: 03.01.2025 ANS 4 192 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION Nos: 2190, 2277 & 2281/2013 Date: 03.01.2025 ANS