Basti Committee Bholakpur, v. The State Of Telangana,
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original J urisdiction) THURSDAY, THE THIRTIETH DAY OF DECEIUBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 4151 OF 2017 Between:
Basti Committee Bholakpur,, Hyderabad (Regd.No. 1759) Represented by its Presidnet C.Chandra Prakash Yadav S/o Late C.Komaraiah Yadav, aged about 64 years, Occ; Business Ryo 1-4-308/2/fu6, Siddiqui Nagar, Bholakpur, Hyderabad.500 080 ...PETITIONER AND
1. The State of Telangana,, Rep.by its Principal Secretary, Municipal Administration and Urban Development Department, T.S. Secretariat Buildings, Hyderabad.
2. The Greater Hyderabad Municipal Corporation, Rep.by its Commissioner, Tank Bund Road, Hyderabad.
3. Mr.Y.Vijay Kumar, S/o Late Y.Satyanarayana,Aged about 53 years, H.No. 1-462, Near Gangaputra Sangam, Bholakpur, Hyderabad. 500 080
4. The lndus Tower Limited,, SLN Towers 8th Floor, Gachibowli, Hyderabad, Rep.by its Managing Director.
...RESPONDENTS Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent not preventing the 3r( and 4th respondents for installation of Mobile Phone Tower on the house of the 3rd respondent is illegal, arbitrary, u nco nstitutional and violation of Prlnciples of Natural Justice and violation of Fundamental Rights Guaranteed Under the Constitution of lndia and consequently direct the 2nd respondent to Prevent the installation and erection of Mobile Phone Tower of the 4th respondent on the House of the 3rd respondent bearing H.No. 1-4-62, Near Gangaputra Sangham, Bholakpur Hyderabad.
WPMP. NO: 4982 OF 2017 Petition under sectron 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 to prevent the installation and erection of Mobile Phone Tower of the 4th respondent on the House of the 3rd respondent bearing H.No 1-4-62' Near Gangaputra Sangham, Bholakpur Hyderabad pending disposal of the Writ petition.
!
::
----::*
Counsel for the Petitioner: SRI MOHAMMED RAFIUDDIN KALEEM (Not Present) Counsel for the Respondent No.1: cP FOR MUNICIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.2: SRI PASHAM KRTSHNA REDDY, SC for GHMC Counsel for the Respondent No.4: SRI MOHD. ISLAMUDDTN ANSARI Counsel for the Respondent No.3: None Appeared The Court made the following: ORDER
THE HON'BLE DT' JUSTICE SHAMEEM AKTHER WRIT PETITION No.4151 OF 2OL7 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:
",,. to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent not preventing the 3'd a-nd 4th respondent for installation of Mobile Phone Tower on the house of the 3'd respondent is illegal' arbitrary, u nconstitutiona I and violation of Principles of Natural Justice and violation of Fundamental Rights Guaranteed Under the Constitution of India and consequently direct the 2nd respondent to Prevent the installation and ereition of Mobile Phone Tower of the 4th respondent on the house of the 3'd respondent bearing H No.1-4-62, Near Gangaputra Sangham, Bholakpur' t ) Hyderabad and to pass such other order or orders "" 2, Heard the learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, learned Standing Counsel for GHMC appearing for respondent No.2, learned counsel appearing for respondent No'4 and perused the record.
3.
No representation For the petitioner'
4.
Though notice is served on respondent No'3, there is no representation on his behalf.
5. The present Writ Petition is filed seeking to prevent the installation and erection of mobile phone tower of the respondent No.4 on the house of the respondent No'3'
6.
Learned counsel for respondent No'4 would submit that the proposal to install mobile phone tower on the subject property is
abandoned and the mobire phone tower is not instailed and not existing on the subject property.
The said submissions of the learned counsel for respondent No.4 are taken on record.
8.
Since installation of the mobile phone tower on the subject property is abandoned, no orders are required to be passed in this Writ Petition.
9.
With the above observation, the Writ petition ls closed. Miscellaneous petitions, if any, pending in this Writ petition shall stand closed. There shall be no order as to costs. SD/.MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// L// SECTION OFFICER lr-f"irft#jiaGP for Municipal Admn. & Urban Dev., High court for rhe state One CC to SRI MCiHAMtVt ff Elil:Fifr'trffiitr#h?HHffiirr"*la'si:.sd"' One Spare Copy.
To, 1.
2.
4.
6.
MRC 2SB
HIGH COURT DATED:3011212021 lriE Si* lt.
.
o ox q)o ,')
ORDER
(.
WP.No.4151 ot 2017 23 F[B 2022 -,_r.19 CLOSING THE WRIT PETITION WITHOUT COSTS.
v \ \q a,, I