APHC010173212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8961/2025 Between: 1. ABBIREDDY VENKATA RATNAM,, S/O. NARASIMHA RAO, AGED ABOUT 48 YEARS, R/O. D. NO. 30-27-6, 6TH LANE, KAKANI NAGAR, CHUTTUGUNTA, MACHAVARAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 520004. 2. DONDAPATI SASHIBHUSHAN RAO,, S/O. SURYANARAYANA, AGED ABOUT 48 YEARS, R/O. D. NO. 30-28-14, 5TH LANE, KAKANI NAGAR, CHUTTUGUNTA, MACHAVARAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 520004. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, VIJAYAWADA, KRISHNA DISTRICT, A.P. 3. THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT, A.P. 4. INDUS TOWERS LIMITED, (REP. BY ITS CIRCLE LEGAL HEAD, MR. GIRISH CHANDRA MANCHIKATIA), SURVEY NO. 133-4-51,8TH FLOOR, SLN TERMINUS, BESIDE BOTANICAL GARDENS, GACHIBOWLI, HYDERABAD, TELANGANA-500032. 5. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, INFORMATION TECHNOLOGY, ELECTRONICS AND 2 COMMUNICATIONS ( IT, E AND C) DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.22.04.2025 IN I.A.NO. 02 OF 2025. ...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 tobe pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of respondent No. 3 and 2 in permitting the respondent No.4 for erecting the Roof Top Tower (RTT) under the guise of G.O.Ms. No. 146 of Municipal Administration and Urban Development (M2) Department dated 19.05.2015, which is issued only for 4G network towers, in busy residential premises where high tension electricity wires and poles are situated at house bearing No. 30-27-5, Ward No.5, Kakani Nagar, Vijayawada, without considering locality people objections for being illegal, arbitrary, unjust, against G.O.Ms. No. 146 of Municipal Administration and Urban Development (M2) Department and devoid of principles of natural justice and unconstitutional and consequently direct the respondents to forthwith revoke permission for erecting and operating Roof Top Tower to the respondent No.4 in busy residential premises where high tension electricity wires and poles are situated at house bearing No. 30-27-5, Ward No.5, Kakani Nagar, Vijayawada, by considering the objections of people, 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 may be pleased to direct the respondent No.4 to maintain Status quo as on today from erecting and operating Roof Top Tower in busy residential premises where high tension electricity wires and poles are situated at house bearing No. 30-27-5, Ward No.5, Kakani Nagar, Vijayawada, pending disposal of the above Writ petition, and pass IA NO: 2 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 implead the proposed Respondent Respondent No.5 in the above W.P.No. 8961 of 2025 and pass 3 Counsel for the Petitioner(S): 1. VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1. T D PANI KUMAR 2. GP FOR HOME 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4. S.V.S.S.SIVARAM SC For VMC 4 The Court made the following Order:- This Court, by order dated 23.06.2025, directed the District Magistrate- cum-District Collector, Krishna District, Vijayawada, to consider the objections/representation of the petitioners within three weeks from the date of receipt of the representation and further directed the parties to maintain status quo till such consideration. 2. When the matter is taken up for hearing today, the learned counsel appearing for respondent No.4 submits that the writ petition may be disposed of in terms of the interim order by directing the District Collector, Krishna District, to consider the petitioners’ representation dated 27.06.2025 and pass appropriate orders within a reasonable time. 3. It is noticed that the District Collector, Krishna District, is not a party respondent to the writ petition. However, the learned counsel for the petitioners submits that the Principal Secretary, Information Technology, though impleaded as a party respondent, has returned the petitioners’ representation stating that the competent authority to consider the same is the District Collector, Krishna District. 4. In view of the above, the petitioners are permitted to submit a fresh representation to the District Collector-cum-District Magistrate, Krishna District. Upon receipt of such representation, the District Collector shall consider the same and pass appropriate orders, after issuing notice to respondent No.4 and affording an opportunity of hearing to all concerned, 5 within six (6) weeks from the date of receipt of the fresh representation. Needless to mention that the status quo as existing today shall be maintained by the parties till such time. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 27.07.2026 RSD 6 42 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8961/2025 27.07.2026 RSD