APHC010294132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15592 of 2026 Between: 1. INDUS TOWERS LIMITED, REPRESENTED BY IT AUTHORISED SIGNATORY, SANDEEP NADIMPALLI, S/O. N.V.S.S.N RAJU, AGED 42 YEARS HAVING ITS REGISTERED OFFICE AT BUILDING NO. 10, TOWER A, 4TH FLOOR, DLF CYBER CITY, GURUGRAM, HARYANA- 12202 AND CIRCLE OFFICE AT SY. NO 133, 4-51 8TH FLOOR, HYDERABAD, TELANGANA-500001. ...PETITIONER AND 1. THE STATE OF AP, HOME DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT-522238. 2. THE STATE OF ANDHRA PRADESH, INFORMATION TECHNOLOGY, ELECTRONICS COMMUNICATION DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238 3. THE DIRECTOR GENERAL OF POLICE, A.P DGP HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH-522503. 4. THE SUPERINTENDENT OF POLICE S P, ALLURI SITHARAMA RAJU DISTRICT, ANDHRA PRADESH- 531133 5. THE SUPERINTENDENT OF POLICE S P, ANAKAPALLI DISTRICT, A.P.-531001 6. THE SUPERINTENDENT OF POLICE S P, ANANTHAPURANNU DISTRICT, A.P.-515001 2 7. THE SUPERINTENDENT OF POLICE S P, ANNAMAYYA DISTRICT, A.P.516269 8. THE SUPERINTENDENT OF POLICE S P, BAPATLA DISTRICT, A.P.-522101 9. THE SUPERINTENDENT OF POLICE S P, CHITTOOR DISTRICT, A.P.-517001 10. THE SUPERINTENDENT OF POLICE S P, EAST GODAVARI DISTRICT, A.P.533201 11. THE SUPERINTENDENT OF POLICE S P, ELURU DISTRICT, A.P.-533001 12. THE SUPERINTENDENT OF POLICE S P, GUNTUR DISTRICT, A.P.-522004 13. THE SUPERINTENDENT OF POLICE S P, KAKINADA DISTRICT, A.P.533003 14. THE SUPERINTENDENT OF POLICE S P, KRISHNA DISTRICT, A.P.-521001 15. THE SUPERINTENDENT OF POLICE S P, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH-533201. 16. THE SUPERINTENDENT OF POLICE S P, KURNOOL DISTRICT, A.P.-518001 17. THE SUPERINTENDENT OF POLICE S P, MADANAPALLE DISTRICT, A.P.-517325 18. THE SUPERINTENDENT OF POLICE S P, MARKAPURAM DISTRICT, A.P.-523002 19. THE SUPERINTENDENT OF POLICE S P, NANDYAL DISTRICT, A.P.-518501 20. THE SUPERINTENDENT OF POLICE S P, NTR DISTRICT, A.P.-520002 21. THE SUPERINTENDENT OF POLICE S P, PALNADU DISTRICT, A.P.-522601 22. THE SUPERINTENDENT OF POLICE S P, PARVATHIPURAM MANYAM DISTRICT, ANDHRA PRADESH-535501 23. THE SUPERINTENDENT OF POLICE S P, POLAVARAM DISTRICT, A. P.-534315 24. THE SUPERINTENDENT OF POLICE S P, PRAKASAM DISTRICT, A.P 25. THE SUPERINTENDENT OF POLICE S P, SRIKAKULAM DISTRICT, A.P.-532001 26. THE SUPERINTENDENT OF POLICE S P, SRI POTTI SRIRAMULU NELLORE DISTRICT, ANDHRA PRADESH- 524001 3 27. THE SUPERINTENDENT OF POLICE S P, SRI SATHYA SAI DISTRICT, A.P.-515134 28. THE SUPERINTENDENT OF POLICE S P, TIRUPATI DISTRICT, A.P.517501 29. THE SUPERINTENDENT OF POLICE S P, VISAKHAPATNAM DISTRICT, A.P.-530043 30. THE SUPERINTENDENT OF POLICE S P, VIZIANAGARAM DISTRICT, A.P.-535003 31. THE SUPERINTENDENT OF POLICE S P, WEST GODAVARI DISTRICT, A.P.-534006 ...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 to issue a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the inaction of the Respondents in implementing the Circular Vide Lr.No.ITC01-COMMOCOMM (CMNWy 2/ 20 24- COMMUNICATIONS, Dated.01.12.2024 issued by the 2ND Respondent in extending support to the Petitioner Company during installation of the Telecommunication Towers as arbitrary, unjust, illegal, without jurisdiction and contrary to the provisions of the Telecommunication Act, 2023 and Telecommunication Rules, 2024, Circular dated 01.12.2024 issued by the 2NDRespondent besides being violation of the petitioners rights guaranteed under Articles 14, 19(1)(g) and 300- A of the Constitution of India and consequently direct the Respondent Nos.3 to 31 herein to provide necessary police protection without any further judicial intervention in the future as and when sought by the Petitioner during the erection and/or operation of cell towers and pass 4 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 to direct the Respondent No.3 to consider the Petitioner’s representation dated.04.05.2026 by providing Police Protection to the Petitioner in adherence to the Circular Vide Lr. No. ITC01- COMMOCOMM (CMNW)/2/ 2024-COMMUNICATIONS, dated.01.12.2024 issued by the 2ND Respondent and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR HOME 2. G P FOR INFORMATION TECHNOLOGY AP 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15592 of 2026 The Court made the following Order: Instant Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for the following relief: “.... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in implementing the Circular Vide Lr.No.ITC01-COMMOCOMM (CMNWy 2/20 24- COMMUNICATIONS, Dated.01.12.2024 issued by the 2ND Respondent in extending support to the Petitioner Company during installation of the Telecommunication Towers as arbitrary, unjust, illegal, without jurisdiction and contrary to the provisions of the Telecommunication Act, 2023 and Telecommunication Rules, 2024, Circular dated 01.12.2024 issued by the 2NDRespondent besides being violation of the petitioners rights guaranteed under Articles 14, 19(1)(g) and 300- A of the Constitution of India and consequently direct the Respondent Nos.3 to 31 herein to provide necessary police protection without any further judicial intervention in the future as and when sought by the Petitioner during the erection and/or operation of cell towers and pass such other order or orders …”. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner asserts that the petitioner/Indus Towers Limited is a company incorporated under the provisions of the Companies Act, 1956 and is engaged in the services of providing the Telecom Infrastructure including erection and installation of Telecommunication towers and other ancillary 6 services to the Telecom Operators. He submits that the petitioner Company installed approximately 8000 telecom towers throughout the State. He submits that during installation of towers, petitioner company is subjected to numerous hurdles, in many areas, due to unlawful assembly by local residents. 4. Learned counsel for the petitioner submits as the local police are willfully neglecting to provide the protection, petitioner company preferred Writ Petition Nos.12376, 19284, 19341, 19342 of 2023, wherein this Court passed orders on 06.07.2023 and 02.08.2023, directing the respondents therein to provide police protection to the petitioner Company. 5. Learned counsel for the petitioner made several representations to the 2nd Respondent and other officials requesting police protection to ensure the seamless execution and implementation of the essential telecommunication services. Pursuant to the same, the 2nd Respondent issued a Circular vide Lr.No.ITC01-COMMOCOMM (CMNW)/2/2024- COMMUNICATIONS, dated 01.12.2024 directing respondent Nos.1 & 3 and other officials to issue instructions to the concerned authorities to extending support to the petitioner Company. He also states that the very same company filed WP 7 No.29163 of 2024 before the High Court for the State of Telangana, and the same was disposed of on 22.10.2024. Despite the same, the police are not extending their support. As such, the present Writ Petition is filed. 6. Basing on written instructions from the Inspector General of Police (Legal), learned Assistant Government Pleader submits that petitioner Company engaged in business activities. As such, any dispute arising in connection with its commercial operations is primarily governed by the civil law and the Police Department functions within the framework of law, as prescribed under the Bharatiya Nyaya Sanhita, 2023. He also further states that appropriate instructions were communicated to the concerned unit heads vide Office Memo Rc.No.1366/L&O-III/2026 to initiate necessary steps, as per law. 7. Learned Assistant Government Pleader further submits that if the dispute is essentially civil in nature involving the rights between the petitioner company and the opposing parties, the Police department is are not the appropriate authority to intervene and the petitioner company must seek redress through the appropriate civil forum. 8 8. Having regard to the above submissions and also going through the material on record, the Writ Petition is disposed of with the following terms: i. Petitioner is at liberty to prefer specific written representation to the concerned Superintendent of Police by stating the specific facts and details by duly enclosing with all permissions from the concerned authority including requisite amount, if any. ii. On receipt of the same, concerned Superintendent of Police shall consider the same by following the true letter and spirit of Communication Lr.No.ITC01-COMM0COMM (CMNW)/2/20214-Communications, dated 01.12.2025, in accordance with the law, as early as possible. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ___________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.07.2026 PSA 9 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15592 of 2026 Date: 13.07.2026 PSA