Atc Telecom Infrastructure Private Limited (Formerly Known As Viom Networks Limited) v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.36515 OF 2018 Dated:22.10.2018 Between:

ATC Telecom Infrastructure Private Limited, (formerly known as VIOM NETWORKS LIMITED) having its registered office at 404, 4th Floor, Skyline Icon, Andheri Kurla Road, Andheri East, Mumbai City, Maharashtra, India and its Corporate Head Office at Plot No.14A, Sector - 18, Maruthi Industrial Complex, Gurgaon having Circle Office at D.No.1-8-304-307/381/444, 4th Floor, Gowra Plaza, S.P. Road, Begumpet, Secunderabad, rep., by its Manager - Legal Sri A.R. Subba Rao .. Petitioner And The State of Telangana, Panchayat Raj and Rural Development, rep., by its Principal Secretary, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.36515 OF 2018 ORDER:

Heard.

2.

Petitioner is ATC Telecom Infrastructure Private Limited. It was granted permission to erect Telecom Cellular Tower in Sudimalla Village, Yellandu Mandal, Badradri Kothagudem District. By order signed on 17.09.2018, petitioner was informed by the Panchayat Secretary that in view of the objections raised by the villagers, the earlier No Objection Certificate (NOC) is cancelled. According to learned counsel for petitioner, no prior notice was issued to the petitioner before cancelling the NOC granted earlier. 3.

Learned Standing Counsel for Sudimalla Gram Panchayat fairly submits that a reading of the order impugned would show that no prior notice was issued to the petitioner before cancelling NOC.

4.

Having regard to the said submission and on a plain reading of the order impugned, it is apparent that no prior notice was issued to the petitioner before cancelling NOC. In view of the same, the Gram Panchayat is directed to treat the order/proceedings dated 17.09.2018 as notice. Petitioner shall submit its explanation to the said notice within one week from the date of receipt of a copy of the order. On receipt of the explanation, the Panchayat Secretary shall consider the same having regard to the provisions in G.O.Ms.No.334, dated 09.10.2012 and pass appropriate orders by assigning due reasons in support of its decision within two weeks thereafter.

5.

The Writ Petition is accordingly disposed of. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.10.2018 KH