APHC010739952016 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: 25569 OF 2016 Between: Himayat Basha And Anothers and Others ...PETITIONER(S) AND Prl Secretary Mch And 6 Others and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. P HEMACHANDRA 2. GP FOR REVENUE (AP) 3. ANCHA PANDURANGA RAO 4. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 5. E MADAN MOHAN RAO The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25569 OF 2016 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 3rd and 4th respondent authorities who are not in a position to consider the representations dated 14.03.2016 and / 01.07.2016 for to stop the construction of 4G Cell Tower at top of 2 storied building in Dr.No.3-135, Navalakula Gardens is illegal, arbitrary and violation of Article 19, 21 of the Constitution of India and consequently direct the 3rd and 4th respondents to stop the construction and to remove the cell tower from the 5th respondent building 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.6 and 7 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 Subsequently, the same was superseded and G.O.Ms.No.2, Information Technology, Electronics & Communications Department (Communications Wing) dated 26.05.2023 was issued by the Government of Andhra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