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2026 DAILYLAW 6175 (KAR)

M/S ASCEND TELECOM INFRASTRUCTURE PVT LTD., v. THE STATE OF KARNATAKA

WP/11916/2026 · 2026-04-16

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11916 OF 2026 (GM-POLICE) BETWEEN: M/S. ASCEND TELECOM INFRASTRUCTURE PVT LTD., REGISTERED OFFICE AT - UNIT NO.410, NEW MUNICIPAL NO.9-1-87 AND 119/1/4F/UNIT NO.10, 4TH FLOOR, EDEN AMSRI SQUARE, ST. JOHNS ROAD, SECUNDERABAD, TELANGANA - 500 003. A COMPANY REGISTERED UNDER COMPANIES ACT 1956. BRANCH OFFICE AT SANGEETHA TOWER, NO.3, 80 FEET ROAD, INDIRA NAGAR, BANGALORE - 560 038. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, S. RAVI SHETTY, S/O. SRI. SUBBRAMANYA SHETTI. …PETITIONER (BY SRI. MAHESH B J., ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 AND: 1. THE STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU. REPRESENTED BY CHIEF SECRETARY. 2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU. 3. THE STATION HOUSE OFFICER, NANDHINI LAYOUT POLICE STATION, BENGALURU. …RESPONDENTS (BY SRI.K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO EXTEND ADEQUATE PROTECTION TO THE PETITIONERS MOBILE TELECOMMUNICATION TOWER BEING INSTALLED IN THE PETITION SCHEDULE PROPERTY AND FURTHER TO EXTEND ADEQUATE PROTECTION TO THE WORKERS AND ASSETS CONNECTED WITH THE TELECOMMUNICATION TOWER THEREON AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER 1. Captioned petition is filed seeking a direction to the respondents to provide adequate police protection to enable the petitioner to install a mobile telecommunication tower in the petition schedule property. 2. Learned Additional Government Advocate, on instructions, submits that the jurisdictional police officer has already issued an endorsement indicating his readiness and willingness to extend necessary police protection to the petitioner–company, in the event a request either oral or written is made. The said submission and endorsement are placed on record. 3. The material on record would clearly demonstrate that the petitioner–company, which is engaged in the business of establishing telecommunication infrastructure, has obtained all requisite licences, - 4 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 permissions and statutory approvals from the competent authorities under the Bruhat Bengaluru Mahanagara Palike and Karnataka Municipal Corporations Telecommunication Infrastructure and Underground Optical Fibre Cable Rules/Bye-laws, 2021. It is further not in dispute that the petitioner has entered into a valid licence/lease agreement with the owner of the scheduled property, thereby lawfully securing possessory and user rights to erect and maintain a mobile telecommunication tower. 4. Once such statutory permissions are granted by the competent authorities in accordance with the governing regulations, the petitioner–company acquires a legitimate and enforceable right to proceed with the installation of the telecommunication tower, which is an essential infrastructure facility serving public utility. Any obstruction or interference by third - 5 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 parties, particularly neighbouring residents, dehors any legal sanction, cannot be countenanced in law and would amount to unlawful interference with the petitioner’s lawful exercise of its rights. The records further indicate that despite such lawful entitlement, certain neighbouring persons have indulged in acts of obstruction, thereby impeding the petitioner’s activities, which constrained the petitioner to approach the jurisdictional police seeking protection and, upon alleged inaction, to invoke the writ jurisdiction of this Court. 5. Learned Additional Government Advocate, on instructions, would fairly submit that the jurisdictional police are not only willing but are duty-bound to ensure maintenance of law and order and to extend adequate protection to enable the petitioner to carry out its lawful activities, provided a request is made. - 6 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 6. This Court is of the considered view that once the petitioner establishes that it is acting strictly in consonance with the permissions granted by the statutory authorities, the jurisdictional police cannot remain as mute spectators to unlawful obstruction by third parties. On the contrary, it is incumbent upon the police machinery to prevent any breach of peace and to facilitate the implementation of lawful activities by extending necessary protection. 7. Recording the said submission and assurance, and in order to balance the rights of the petitioner with the obligation of the State to maintain public order, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent Nos.2 and 3 are directed to ensure that there shall be no unlawful - 7 - HC-KAR NC: 2026:KHC:20704 WP No. 11916 of 2026 obstruction or interference with the petitioner–company’s lawful right to erect and install the mobile telecommunication tower in the scheduled premises, in terms of the permissions granted by the competent authorities. (iii) In the event of any obstruction, threat, or interference being reported by the petitioner, the jurisdictional police shall forthwith extend adequate and effective police protection to the petitioner–company, so as to enable it to carry out the installation and related activities without hindrance, strictly in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GH List No.: 1 Sl No.: 46