APHC010063092009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 22629/2009 Between: 1. M/S. TOWER VISION INDIA PRIVATE LIMITED,, FIRST FLOOR, LE BENAKA, D.NO. 6-3-248, ROAD NO. 1, BANJARA HILLS, HYDERABAD. REPRESENTED BY ITS PROJECT MANAGER ...PETITIONER AND 1. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2. EASTERN POWER DISTRIBUTION COMPANY OF A P LTD, (A.P.E.P.D.C.L.) VISAKHAPATNAM REP BY ITS DIRECTOR, OPERATION, VISAKHAPATNAM. 3. EASTERN POWER DISTRIBUTION COMPANY OF A P LTD, (A.P.E.P.D.C.L.) VISAKHAPATNAM REP BY ITS ASSISTANT ENGINEER OPERATIONS, GOPALAPATNAM TOWN, VISAKHAPATNAM-29 ...RESPONDENT(S): 2 NJS,J W.P.NO.22629 OF 2009 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 toissue a writ in the nature of Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 2nd respondent in issuing the impugned Memo No. D18/O/APEPDCL/VSP/ADE(1)/D.No. 06/09 dated 08-4-2009 stating that the regular power supply will not be released without submission of No Objection Certificate from the 1st respondent, without issuing any notice to the petitioner and without following due process of law is arbitrary, illegal and unconstitutional and ultra virus of the power of the respondents IA NO: 1 OF 2009(WPMP 29378 OF 2009 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 direct the 2nd respondent to release the power supply to the cell towers erected by the petitioner company in the jurisdiction of Greater Visakhapatnam Municipal Corporation by suspending the operation of the impugned Memo No. D19/O/APEPDCL/VSP/ADE(1) D.NO. 06/09 dated 08-4-2009 issued by the 2nd respondent, pending disposal of the writ petition IA NO: 1 OF 2010(WVMP 1510 OF 2010 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 vacate the interim orders passed in WPMP No. 29378/2009 in WP NO. 22629/2009 dated 22-10-2009 IA NO: 1 OF 2012(WPMP 95620 OF 2012 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 3 NJS,J W.P.NO.22629 OF 2009 Counsel for the Petitioner: 1. RAMA RAO GHANTA Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY(SC FOR GVMC) 2. V V SATISH (SC for APEPDCL) 3. O MANOHER REDDY The Court made the following: 4 NJS,J W.P.NO.22629 OF 2009 ORDER The grievance of the petitioner in the writ petition is that, the 2nd respondent issued a memo dated 08.04.2009 insisting the petitioner to obtain a no objection certificate from the Greater Visakhapatnam Municipal Corporation for releasing regular power supply in the cell phone tower on the rooftops/land-based towers. 2. A learned Judge, by an order dated 22.10.2009, while admitting the writ petition, directed the respondents to release power supply to the cell towers erected by the petitioner company without insisting upon production of a ‘no objection certificate’ issued by the local body. 3. Learned counsel on both sides, on instructions, submits that pursuant to the said interim order, power supply was released. 4. In the light of the above stated position, the cause does not survive for further adjudication. The writ petition is, therefore, closed. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA 02.03.2026 LSP