1 HN, J W.P.No.15772_2026 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010303502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 25th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15772/2026 Between: 1. BADDI BHAVANI KUMAR, S/O. LATE BABU RAO , AGED ABOUT 37 YEARS, R/O.H.NO. 17-29/2/7, JANACHAITANYA LAYOUT, DOGGAVANIPALEM, PENDURTHY, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM DISTRICT, REP BY ITS COMMISSIONER. 3. THE ZONAL COMMISSIONER, PENDURTHY ZONE OFFICE, PENDURTHY, VISAKHAPATNAM- 531173 4. THE STATION HOUSE OFFICER, PENDURTHY POLICE STATION, PENDURTHY, VISAKHAPATNAM- 531173 5. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT- 530002. 6. M/S INDUS TOWERS LTD, DR.NO. 17-29/2/8, JANACHAITANYA LAYOUT, DOGGAVANIPALEM, PENDURTHY, VISAKHAPATNAM- 531173 2 HN, J W.P.No.15772_2026 7. GANESH BABU SARASA, S/O. APPALA NAIDU H.NO. 17-29/2/8, JANACHAITANYA LAYOUT, DOGGAVANIPALEM, PENDURTHY, VISAKHAPATNAM-531173 8. MOTURI LAKSHMI NARAYANA, S/O. SRINIVASA RAO, H.NO. 17- 29/2/8, JANACHAITANYA LAYOUT, DOGGAVANIPALEM, PENDURTHY, VISAKHAPATNAM-531173 9. MOTURI DURGA BHAVANI SIVA PRASAD, S/O. SRINIVASA RAO, H.NO. 17-29/2/8, JANACHAITANYA LAYOUT, DOGGAVANIPALEM, PENDURTHY, VISAKHAPATNAM-531173 ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the respondent no. 2-5 in stopping the respondent no. 6-9 from illegally installing telecom tower at Dr.no.17-29/2/8,Janachaitanya Layout,Doggavanipalem, Pendurthy, Visakhapatnam-531173 in the residential area adjoining public children's park in absence of requisite structural safety certificate etc even inspite of having knowledge of the same and PGRS complaint being registered, as arbitrary and illegal and direct the respondents to stop the installation of telecom cell tower in residential area adjacent to children's park in the interest of justice IA NO: 1 OF 2026 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 grant stay of installation of the telecom cell tower by the respondents no.6-9 at Dr.no. 17-29/2/8,Janachaitanya Layout, Doggavanipalem, Pendurthy, Visakhapatnam-531173 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. Y BHANUSRI AKHILA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.15772_2026 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 to declare the inaction of the respondent no. 2-5 in stopping the respondent no. 6-9 from illegally installing telecom tower at Dr.no.17-29/2/8,Janachaitanya Layout, Doggavanipalem, Pendurthy, Visakhapatnam-531173 in the residential area adjoining public children's park in absence of requisite structural safety certificate etc even inspite of having knowledge of the same and PGRS complaint being registered as arbitrary and illegal and direct the respondents to stop the installation of telecom cell tower in residential area adjacent to children's park in the interest of justice”. 2. The issue relating to the construction of a cell tower by respondent Nos.2 to 5 is challenged in the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the respondents. 4. The learned counsel for the petitioner submits that the petitioner moved a PGRS complaint and made representations to the respondents to stoppage of mobile (Indus) tower installation at residential area adjoining public children’s park, but the same has not been considered. 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 4 HN, J W.P.No.15772_2026 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 petitioner 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:25.06.2026 NKA 5 HN, J W.P.No.15772_2026 162 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15772 of 2026 Date: 25.06.2026 NKA