IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE RENUKA YARA W.P. No. 5335 of 2026 20^th FEBRUARY, 2026 Between:

Jio Digital Fibre Private Limited, Ahmedabad, Rep. by its Authorized Signatory, Lokeshwara Babu.

…Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Information Technology and Communications Department, Secretariat Buildings, Hyderabad and others.

…Respondents

ORDER

The Writ Petition is filed with the following prayer:

“…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of Respondent No 2 in issuing the Letter dated 22 01 2026 bearing Lr No CEComml/SEC/ DEE/ ADETI/D No 5284/202526Letter as arbitrary illegal without jurisdiction in violation of Articles 14 and 19 of the Constitution of India and in violation of the Telecommunications Act 2023 the Indian Telegraph Right of Way Rules 2016 and the Telecommunications Right to Way Rules 2024 and consequently set aside the said Letter and pass..”

2. Heard Mr. A. Venkatesh, learned Senior Counsel representing Mr. Sai Sanjay Suraneni, learned counsel for the petitioner and Mr. N. Sreedhar Reddy, learned Standing Counsel for respondent No.2. Perused the record. 3. Learned senior counsel for the petitioner submits that as per Section 11 of the Telecommunication Act, 2023, the State is under obligation to provide permission for laying telecommunication lines subject to payment of amount prescribed in the schedule. As per Rule 10(5) of the Telegraph Right of Way Rules, 2016, for installation of telecommunication line, the service provider has to pay Rs.100/- per pole per annum for street furniture including electric poles. Whereas, the respondents herein have issued impugned notice demanding Rs.50/- per pole per month in addition to 18% GST, failing which, there is a demand to remove service lines from the poles within a period of fifteen (15) days from the date of receipt of the notice. The demand for payment of Rs.50/- per pole of GST is clearly not in conformity with Telegraph Right of Way Rules, 2016, issued by the Central Government and therefore, the impugned notice cannot be sustained.

4. Learned standing counsel for respondent No.2 referred to Rule 13 of Telegraph Right of Way Rules, 2016, wherein, there is a right to the appropriate authority to seek removal of the telecommunication lines when it is necessary and expedite to remove or alter such telegraph infrastructure by giving notice to licensee.

5. Learned standing counsel for respondent No.2 orally submits that telecommunication lines laid by the petitioner are causing danger to human life apart from causing damage to the infrastructure of the State. Further, it is submitted that the amounts prescribed to be paid by the Central Government are peanuts and not sufficient to maintain the poles.

6. Learned senior counsel for the petitioner denied the contention of the learned standing counsel for the respondent No.2 about the petitioner’s cable lines causing dangers to the human life and property of the respondents. 7. Having regard to rival contentions, it is seen that the impugned notice dated 22.01.2026 is clearly not in conformity with Section 11 of the Telecommunication Act, 2023, with regard to the amount to be paid by the licensee in utilizing the property for laying the telecommunication lines and therefore, unsustainable.

8. In the result, the Writ Petition is allowed setting aside the impugned notice dated 22.01.2026 bearing Lr. No. CE (Comml)/SE(C)/DE(E)/ADE-TI/D.No.5284/2025-26. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this petition, shall stand closed.

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RENUKA YARA, J Date: 20.02.2026

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THE HON’BLE SMT. JUSTICE RENUKA YARA W.P. No. 5335 of 2026 Date: 20.02.2026 gms