1 HN, J W.P.No.29089_2025 APHC010560132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29089/2025 Between: 1. BABA KIRAN ACHI, S/O. RAMAIAAH AGE 37 YEARS R/O. SAILOKYA RESIDENCY, VEKATREDDY NAGAR VEDAYAPALEM, NELLORE SPSR NELLORE DISTRICT. 2. G. GANGADHAR S/O. RAMAKRISHNA RAO, AGE 45 YEARS R/O. KAC ESTATES, NAWABPET NELLORE SPSR NELLORE DISTRICT. 2. G. GANGADHAR, S/O. RAMAKRISHNA RAO, AGE 45 YEARS R/O. KAC ESTATES, NAWABPET NELLORE SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT., SECRETARIAT BUILDINGS,ATVELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 3. THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, AT NELLORE SPSR NELLORE DISTRICT. 4. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT AT NELLORE. 5. THE INDUS TOWERS LIMITED, REP.BY ITS MANAGER O/O NELLORE MUNICIPAL CORPORATION STREET VEDAYAPALEM 2 HN, J W.P.No.29089_2025 NELLORE SPSR NELLORE DISTRICT. 6. SHAIK ABDUL GAFFER, S/O. GOUSE MOHIDDIN AGE 60 YEARS R/O. D.NO. 21/274 JENDA VEEDHI NELLORE TOWN SPSR NELLORE DISTRICT. ...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 toPleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent ROC.No. 50/1031/NLR/TT/2025 datedissuing the proceedings vide 19.08.2025 in favour of the 5th respondent for construction of the cell tower in the 6th respondents premises in Sy. No. 63/7,63/8 and 63/9 of Vedayapalem Village Nellore mandal SPSR Nellore district without following the guidelines framed in G.O.Ms.No.146 M.A and U.D Dept dated 19.06.2015 as illegal arbitrary violation of Articles 14 and 21 and 300 A of the Constitution of India and consequently set aside the same and pass IA NO: 1 OF 2025 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 Pleased to stay all further proceedings in ROC.No. 50/ 1031/ NLR/ TT/ 2025 dated 19.08.2025 issued by the 3rd respondent in favour of the 5th respondent for construction of the cell tower in the 6th respondents premises in Sy. No. 63/7, 63/8 and 63/9 of Vedayapalem Village Nellore mandal SPSR Nellore district pending disposal of writ petition and pass Counsel for the Petitioner(S): 1. MARELLA RADHA Counsel for the Respondent(S): 1. T D PANI KUMAR 2. GP FOR HOME 3. GP FOR REVENUE 4. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.29089_2025 ORDER: 1. This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief/s. “to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent ROC.No. 50/1031/NLR/TT/2025 dated issuing the proceedings vide 19.08.2025 in favour of the 5th respondent for construction of the cell tower in the 6th respondents premises in Sy.No. 63/7,63/8 and 63/9 of Vedayapalem Village Nellore mandal SPSR Nellore district without following the guidelines framed in G.O.Ms.No.146 M.A and U.D Dept dated 19.06.2015 as illegal arbitrary violation of Articles 14 and 21 and 300 A of the Constitution of India and consequently set aside the same and pass”. 2. The issue relating to the construction of a cell tower by respondent No.5 is challenged in the present writ petition. 3. Heard the learned counsel for the petitioners and the learned Standing counsel appearing for the respondents. 4. The learned counsel for the petitioners submits that a representation was made against the proceedings of the 3rd respondent, but the same has not been considered. It is submitted that the proceedings dated 19.08.2025 issued by the 3rd respondent are contrary to G.O.Ms.No.146, 4 HN, J W.P.No.29089_2025 Municipal Administration and Urban Development (M2) Department, dated 19.06.2015. 5. The learned Standing counsel for the Municipal Corporation submits that the grievance of the petitioners has to be dealt with by Telecom Enforcement, Resources and Monitoring (TERM) Cell of the Department of Telecommunications, Government of India. It is also submitted that this Court considered the similar matters earlier and relies on the order passed in W.P.No.3341 of 2019. 6. Following the order of this Court in W.P.No.3341 of 2019, the present writ petition stands disposed off, leaving it open to the petitioners to approach the appropriate authority for redressal of their grievance. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:21.11.2025 NKA 5 HN, J W.P.No.29089_2025 107 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29089 of 2025 Date: 21.11.2025 NKA