Bondi Achiyya, vs Union Of India
2021 Latest Caselaw 2124 AP

Citation : 2021 Latest Caselaw 2124 AP
Judgement Date : 24 June, 2021

Andhra Pradesh High Court - Amravati

Bondi Achiyya, vs Union Of India on 24 June, 2021

   

(SHOW CAUSE NOTICE BEFORE ADMISSION) '
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY FOURTH DAY OF JUNE,

TWO THOUSAND AND TWENTY ONE
: PRESENT:

THE HONOURABLE SRI JUSTICE A V SESHA SAI
WRIT PETITION NO: 11750 OF 2021
Between:
Bondi Achiyya, S/o (Late) Ammoru, Occ Social Activist, R/O 4-304,
Muthyalammapalem, Paravada (M), Visakhapatnam
...Petitioner
AND

1. Union of India, through its Secretary, Dept. of Tele Communications, Ministry of 7

Telecommunications, Sanchar Bhawan 20, Asokha Road, New Delhi.
2. The Chairman, Telecom Regulatory Authority of India, Mahanagar Doorsanchar
Bhawan, Jawaharlal Nehru Marg, New Delhi.
3. State of Andhra Pradesh, Rep. by its Pri. Secretary to Govt, Dept. of General
Administration, Secretariat, Amaravathi
Director General of Police, State of Andhra Pradesh, Amaravathi
District Collector and Magistrate, Visakhapatnam District, Visakhapatnam
Muthyalammapalem (P) Panchayat, Rep. by its Panchayat Secretary, Paravada
(M)}, Visakhapatnam (D)

2 OT

. Respondents

WHEREAS the Petitioner above named through his Advocate Sri D V Rao presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.6 in granting NoC, dated 03.04.2021 to construct a cell tower at the residential area of Muthyalammapalem village as illegal, arbitrary, danger to the life, health and safety of the residents of Muthyalammapalem village, A.P. Panchayatraj Act, 1994 and violation of article 14, article 21 of Constitution of India Consequently, direct the Respondent No.4 and 5 to remove the cell tower immediately from the locality where the petitioner is residing i.e Muthyalammapaiem village in view of the Hon'ble Apex Court Judgment, dated 30.07.2017 passed WP (C) 387 of 2016.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri D V Rao, Advocate for the Petitioner, Sri N Harinath, Assistant Solicitor General for Respondent No.1 & 2, GP for Home for Respondent No.3 & 4, Sri | Koti Reddy, Standing Counsel for Respondent No.6 and of GP for Revenue for Respondent No.5, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. The Secretary, Union of India, Dept. of Tele Communications, Ministry of

Telecommunications, Sanchar Bhawan 20, Asokha Road, New Delhi.

2, The Chairman, Telecom Regulatory Authority of India, Mahanagar Doorsanchar

Bhawan, Jawaharlal Nehru Marg, New Delhi.

3. The Pri. Secretary to Govt, Dept. of General Administration, State of Andhra

Pradesh, Secretariat, Amaravathi

4. Director General of Police, State of Andhra Pradesh, Amaravathi S. District Collector and Magistrate, Visakhapatnam District, Visakhapatnam

8. The Panchayat Secretary, Muthyalammapalem (P) Panchayat, Paravada (M),

Visakhapatnam (D) are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

«The Court made the following: ORDER

*Notice before Adrnission.

Sri N Harinath, learned Assistant Solicitor General, takes notice for respondents 1

and 2, Sri Maheswar Reddy, learned Government Pleader for Home for respondent Nos 3 and 4 takes notice for R3 and R4 and Sri P.Subash, learned Government Pleader for Revenue takes notice for R5.

To,

At request of learned counsel for the petitioner, post after one week."

Sd/-Sk Md Rafi

ASSISTANT REGISTRAR"

HTRUE COPY// A oe SECTION'OFFICER

. The Secretary, Union of India, Dept. of Tele Communications, Ministry of

Telecommunications, Sanchar Bhawan 20, Asokha Road, New Delhi.

. The Chairman, Telecom Regulatory Authority of India, Mahanagar Doorsanchar

Bhawan, Jawaharlal Nehru Marg, New Delhi.

. The Pri Secretary to Govt, Dept. of General Administration, State of Andhra

Pradesh, Secretariat, Amaravathi

. Director General of Police, State of Andhra Pradesh, Amaravathi