The court disposed of the writ petition in terms of a previously granted interim order, while granting the respondents the liberty to revise fees provided they follow due process of law.

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:-

“…to issue a Writ in the nature of a writ of mandamus or any other appropriate writ, direction or order declaring that the demand of a fee of Rs.50,000/- towards installation fee per tower and Rs.5,000/- towards annual fee per tower by the 2nd respondent as illegal and void and direct them to grant permission to the Cellular Towers already erected and new towers to be erected by petitioner without insisting upon the payment of the fee of Rs.50,000/- towards installation fee per tower and Rs.5,000/- towards annual fee per tower....”

2. Heard Sri Suresh Shiv Sagar, learned counsel for the petitioner and Sri Krishna Reddy Putta, learned Standing Counsel for respondent No.2, and perused the record.

3. Initially, when the matter was came up for hearing on 01.02.2013, this Court granted an interim order, and the same is being continued till date. The said interim order is extracted hereunder:

“Subject to payment of Rs.10,000/- (Rupees ten thousand only) within 30 days from today, the threatened action contained in the impugned notice of the respondents is stayed. Failure to deposit the amount of Rs.10,000/- alone can give authority for the respondents to take the necessary action, in pursuance of the impugned order, but not otherwise. The payment of the said amount will abide by the result in the Writ petition. Notice”.

4. Today, when the matter is taken up for hearing, both the learned counsel appearing for the petitioner as well as the 2nd respondent would contend that in view of the above interim order passed by this Court, no further orders are required and the writ petition may be disposed of in terms of the said interim order.

5. In that view of the matter, this Writ Petition is disposed of in terms of the above interim order. However, if the respondents intend to enhance the amount of installation fee and annual fee per tower, they are at liberty to do so, strictly in accordance with law by issuing notice to the petitioner calling for an explanation, and passing appropriate orders and thereafter take subsequent action by following due process of law. There shall be no order as to costs.

Miscellaneous petitions, if any are pending, shall stand closed.