APHC010352092013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6200/2013 Between:

1. Reliance Communications Limited and another.

...PETITIONER(S)

AND

1. G overnment Of Andhra Pradesh, Rep By Its Principal Secretary and others.

...RESPONDENT(S):

Counsel for the Petitioner(S):

1. MOHAMMED ABDUL RASHEED Counsel for the Respondent(S):

1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities

2. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following:

COMMON ORDER :

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ or any other order or direction particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in interfering with the functioning of the towers erected within the limits of 3rd and 4th respondents for nonpayment of the amount of Rs 40, 000/ as Permission fee for installation and License renewal fee of Rs.20, 000/ per year and a payment of Rs 80,000/ respectively without issuing any prior notice and without giving opportunity to the petitioner company as being arbitrary illegal without jurisdiction and in violation of well settled principles of natural justice and to pass…...”

2. Heard learned counsel for the petitioner, learned Government Pleader appearing for the 1^st and 2^nd respondents and learned Standing Counsel appearing for the 3^rd and 4^th respondents.

3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 12.12.2023 passed by this Court in W.P.No.7077 of 2013 and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Government Pleader appearing for the respondents.

The operative portion of the said order, reads as under:

In view of the discussions, the Writ Petition is disposed of directing the local body not to demand/insist any payment towards permit fee, since there is no Government order, exists, in respect of cell towers already erected as on 01.08.2013 prior to issuance of G.O.Ms.No.380, dated

01.08.2013. There shall be no order as to costs.

4. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also disposed of, in terms of the order dated 12.12.2023 passed by this Court in W.P.No.7077 of 2013. There shall be no order as to costs.

5. Registry is directed to attach the copy of the order dated 12.12.2023 passed by this Court in W.P.No.7077 of 2013 to this order. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in these Writ Petitions shall stand closed.

__________________ JUSTICE V.SUJATHA

Date: 03.01.2025

ANS

296 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6200/2013 Date: 03.01.2025 ANS