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2025 DAILYLAW 39104 (AP)

SHAIK MASTHAN & ANOTHER v. THE STATE OF AP., MUNICIPAL ADMN.,& 4 OTHERS

WP/7834/2015 · 2025-08-05

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.7834_2015 APHC010819192015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7834/2015 Between: 1. SHAIK MASTHAN & ANOTHER, R/O D.NO. 20-1-19 (1), THANGELLA KHASIM STREET, GOPALA NAGARAM 5TH LINE, ONGOLE, PRAKASAM DISTRICT. 2. KALLURI THIRUPATISWAMY SIO VENKATESWALLU AGED 40 YEARS,, R/O 40-13-25 (1) THANGELLA KHASIM STREET, GOPALANAGARAM, 5TH LINE, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP MUNICIPAL ADMN 4 OTHERS, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMNT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD'. 2. ONGOLE MUNICIPAL CORPORATION REP BY ITS COMMISSIONER, ONGOLE, PRAKASAM DISTRICT. 3. THE DISTRICT COLLECTOR PRAKASAM DISTRICT AT ONGOLE, - 4. M/S RELIANCE COMMUNICATIONS LIMITED REP BY ITS, MANAGER, PLOT NO. 234, SOUTH BY-PASS ROAD, SAMBASIVA NAGAR NEAR PADMA TOWERS, ONGOLE. 5. KALLURI ANILKUMAR S/O VENKATESWARLU, R/O H.NO. 40-15-9, THANGELLA KHASIM STREET GOPALANAGARAM, 5TH LINE, EXTENSION ONGOLE, PRAKASAM DISTRICT. 2 HN, J W.P.No.7834_2015 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned orders passed by the respondent No.2 herein bearing Roc.No. 1656/2014-G1 dt. 25- 7-2014 granting provisional NOC for installation of Tower belonging to the 4th respondent company on the terrace of the 5th respondent contrary to the G.O.Ms.No. 380 dt. 1-8-2013 as well as the GHMC Rules, Regulations and Bye-Laws, as being illegal, arbitrary and unjust and consequently set aside the same by directing the respondent authorities to stop the erection/installation of Roof Top Tower in the premises of the 5th respondent, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. IA NO: 1 OF 2015(WPMP 10342 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the respondent authorities to forthwith stop the erection./installation of the Roof of Top Tower on the terrance/roof of the Respondent No.5 IA NO: 4 OF 2015(WPMP 45517 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner(S): 1. A VARALAKSHMI 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) 3 HN, J W.P.No.7834_2015 The Court made the following Order: 1. Heard. 2. Both the learned counsels submit that this writ petition is squarely covered by the common order passed by this court in W.P.No.15293 of 2015, dated 04.0.04.2025. 3. In terms of the same, this writ petition is also disposed of and the petitioner is at liberty to re-agitate his grievance before the Principal Secretary to Government IT E & C Department, if so, advised. There shall be no order as to costs. 4. The Registry is directed to append the copy of the order passed in W.P.No.15293 of 2015, dated 04.0.04.2025 to this order. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 06.08.2025 NKA 4 HN, J W.P.No.7834_2015 193 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.7834 of 2015 Date: 06.08.2025 NKA