High Court for State of TelanganaWP/24345/2019disposed of no costs

M/S Ascend Telecom Infrastructure Pvt. Ltd v. The State Of Telangana And 2 Others

2019-11-06Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24345 of 2019 ORDER:

This Writ Petition is filed for the following relief: "....to issue an appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos 2 and 3 in interfering with the erection of Roof Top Poles on the terrace of the building bearing Plot No 621 Sy No 145 Bhagath Singh Nagar Hyderabad as per provisional permission dated 19 09 2019 by taking away construction material without issuing any notice whatsoever to the petitioner company as arbitrary illegal contrary to the provisions of the Greater Hyderabad Municipal Corporation Act 1955 and in utter violation of well settled principles of natural justice."

When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the order dated 24.09.2019 passed by this Court in Writ Petition No. 20973 of 2019. Learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent Nos.2 and 3 does not dispute the aforesaid submission.

Relevant portion of the aforesaid order reads as under: "In those circumstances, making it clear that no interference shall be made with respect to erection of cell tower by the petitioner in terms

CKR, J W.P.No.24345 of 2019 of the permission, the Writ Petition is disposed of. However, disposal of this Writ Petition shall not disentitle the respondent authorities to take action in accordance with law if there is any violation by the petitioner or any other valid reason, by following due process of law." In those circumstances, following the above said order and for the reasons recorded therein, this Writ Petition is also disposed of in terms thereof.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J 6th NOVEMBER, 2019.

kvni