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[2025:RJ-JP:3485] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7883/2008 Bharti Hexacom Ltd. having registered office at 5/12 Kutub Ambience mehroli Road New Delhi through Asstt. Manager Legal Mr. Mohindra Pal Singh and having its circle office at K-21 Malviya Marg C-Scheme Jaipur Rajasthan, ----Petitioner Versus
1. Union Of India Through Secretary, Ministry Of Communication, Department Of Telecommunication
2. Chief Secretary, State Of Rajasthan, Secretariat, Jaipur
3. State Of Rajasthan Through Secretary, Board Of Infrastructure Development And Investment, Secretariat, Jaipur
4. Secretary, Local Self Government, Government Of Rajasthan, Secretariat, Jaipur
5. Municipal Council, District Ganganagar
6. Additional District Magistrate Vigilance, Sriganganagar
7. Shri Vijay Kumar Bhola S/o Munshi Ram Bhola, 11 N Block, Sriganganagar ----Respondents For Petitioner(s) : Mr. Sarthak Rastogi For Respondent(s) : Mr. Gaurav Jain HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 23/01/2025 This writ petition is directed against the order dated 04.07.2008 passed by the respondent no.6-Additional District Magistrate (Vigilance), Sriganganagar whereby, the petitioner has been required, under Section 142 CrPC, to remove the mobile tower and generator as an interim measure.
[2025:RJ-JP:3485] (2 of 2) [CW-7883/2008] Eschewing merits of the case as to whether such direction could have been given as an interim measure, learned counsel for the petitioner submits that subsequently, the Government of Rajasthan has issued new and revised guidelines vide order dated 06.02.2017 for installation, management and operation of the mobile tower/generator set pursuant whereof, on deposition of the requisite fee way back on 28.07.2017 with the Commissioner (Nodal Officer), Nagar Parishad, Sriganganagar, it has been permitted to operate the subject transformer and generator. He submits that in view thereof, the order dated 04.07.2008 has lost its sanctity.
Learned counsel for the respondent no.1 submits that he is a formal party in the matter. None appears for the remaining respondents. Heard. Considered. Taking into consideration the unrebutted contentions advanced by learned counsel for the petitioner, the order dated 06.02.2017 and the receipt dated 28.07.2017 issued by the Commissioner, Nagar Parishad, Shriganganagar, this Court is of the view that the petitioner is running the mobile tower and generator in accordance with law. In view thereof, this writ petition is allowed and the order impugned dated 04.07.2008 is quashed and set aside. Pending application(s), if any, also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J PRAGATI/96