##PAGE1##

- 1 -

NC: 2026:KHC-D:1573

WP No. 108185 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.108185 OF 2025 (GM-RES)

BETWEEN:

1. M/S. INDUS TOWERS LTD.,

NO.12, TOWER-D, 7^TH FLOOR,

SUBRAMANYA ARCADE,

BANNERGHATTA ROAD, BANGALORE-29,

REPRESENTED BY ITS AUTHORIZED SIGNATORY,

SHRI. NISHAN UNNI.

2. SHRI. RAHUL S/O. RAMESH DEVAMANE,

AGE. 33 YEARS, OCC. PRIVATE EMPLOYEE,

R/O. #78, YALLAMMA DEVI HOUSING SOCIETY,

RAJATGIRI, DHARWAD-580004.

…PETITIONERS

(BY SRI. SHUBHENDU A.AKALWADI, ADVOCATE)

Digitally signed

by YASHAVANT AND:

NARAYANKAR

Location: H IGH

1. THE STATE OF KARNATAKA,

COURT OF

R/BY ITS CHIEF SECRETARY,

KARNATAKA

DEPARTMENT OF TELECOMMUNICATIONS,

VIDHANA SOUDHA, BANGALORE-560001.

2. THE DEPUTY COMMISSIONER,

DHARWAD DISTRICT, DHARWAD-580001.

3. THE COMMISSIONER,

HUBBALLI-DHARWAD MUNICIPAL

CORPORATION (HDMC),

HUBBALLI, DIST. DHARWAD-580001.

- 2 -

NC: 2026:KHC-D:1573

WP No. 108185 of 2025

HC-KAR

4. POLICE COMMISSIONER,

HUBBALLI-DHARWAD CITY,

DHARWAD-580001.

5. PSI GOKUL PS,

GOKUL ROAD, HUBBALLI-580030.

…RESPONDENTS

(BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R1, R2 & R5;

SRI. C.S. PATIL, ADVOCATE FOR R3;

SRI. BHUSHAN B.KULKARNI, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE THE

WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE

ORDER PASSED BY RESPONDENT NO.3 ON APPLICATION

NO.MTN-HDW 32-2025-26 VIDE ANNEXURE-B. B) ISSUE A WRIT

IN THE NATURE OF MANDAMUS TO RESPONDENT NO.3

DIRECTING THEM TO CONSIDER THE EXPLANATION OFFERED BY

PETITIONERS VIDE ANNEXURE-C, D AND E DATED 03-09-2025,

12-09-2025 AND 15-09-2025. C) ISSUE THE WRIT IN THE

NATURE OF MANDAMUS DIRECTING RESPONDENT NO.4 AND 5

TO CONSIDER AND PROVIDE THE REQUEST UNLAWFUL MADE

FOR POLICE PROTECTION AGAINST ANY OBSTRUCTION VIDE

ANNEXURE-C DATED 03-09-2025 AND ETC.,.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

- 3 -

NC: 2026:KHC-D:1573

WP No. 108185 of 2025

HC-KAR

ORAL ORDER

The present writ petition is filed seeking the following

prayers:

“

a) Issue the Writ in the nature of Certiorari by

quashing the order passed by respondent no. 3 on

application no. MTN-HDW 32-2025-26 vide ANNEXURE-

B.

b) Issue a Writ in the nature of Mandamus to

respondent no. 3 directing them to consider the

explanation offered by petitioners vide ANNEXURE-C, D

and E dated 03-09-2025, 12-09-2025 and 15-09-2025.

c) Issue the Writ in the nature of Mandamus directing

respondent no. 4 and 5 to consider and provide the

request unlawful made for police protection against

any obstruction vide ANNEXURE-C dated 03-09-2025.

d) Any other relief as deems fit to this Hon’ble Court, in

the interest of justice and equity”

2. The facts of the case are that the petitioner No.1 is a

Telecom Infrastructure Company and petitioner No.2 is the

owner of the land. The petitioner No.1/Company is carrying on

the business inter alia of operating mobile telephone services by

way of providing network in several states in India including the

State of Karnataka. The petitioner No.1/company is managing

towers of many private telecom operators and maintaining their

assets such as DAC fibers, Right of way, Dark Fiber, Duct space

for the purpose of grant on lease/rent/sale basis to the licensees

- 4 -

NC: 2026:KHC-D:1573

WP No. 108185 of 2025

HC-KAR

Telecommunication Services under Section 4 of the Indian

Telegraph Act, 1885, on mutually agreed terms and conditions.

3. It is submitted that the petitioner No.1 has identified

the land belonging to petitioner No.2 for setting up of a tower. In

this backdrop, petitioner No.1 sought to install a tower in the

property of the petitioner No.2. The petitioner No.2 has executed

a lease deed in favour of petitioner No.1/Company permitting the

company to install and operate mobile tower in the property for a

period of 10 years starting from 01.08.2025 to 31.07.2025.

Thereafter, they obtained a st