M/S.Gtl Infrastructure Ltd., v. Vijayawada Municipal Corporation

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16719 of 2011 ORDER:

This writ petition is filed by the petitioner, under Article 226 of the Constitution of India, to declare the action of the respondent in interfering with the erection of the tower by the petitioner company at H.No.61-20-3, SRKM High School, Ramalingeshwar Nagar, Vijayawada, Krishna District by virtue of deemed permission, without issuing any notice whatsoever and without following due process of law as arbitrary, illegal and in violation of the well settled principles of natural justice.

Heard and perused the material available on record. When the matter is taken up for hearing, learned counsel for the petitioner submits that the respondent authorities are trying to remove the cell tower installed by the petitioner herein, without following due process of law. He further requested to direct the respondent authorities to follow due process of law by way of issuing notice to the petitioner herein.

Considering the said submission, the writ petition is disposed of, directing the respondent authorities to take action, in accordance with law, after giving notice and opportunity of hearing to the petitioner herein. There shall be

no order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.

__________________ RAJA ELANGO, J February 20, 2017 Pn

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16719 of 2011 February 20, 2017 Pn