Telangana High Court

WP/20292/2019 of Hasib Mohammed Kosgi Vs The State of Telangana on 30 December 2021

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DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NOi 20?92 OF 2019 Between: Hasib Mohammed Kosgi, S/o Abdul Gaffar Kosgi Rao, aged about 42 years, Occ. Private Employee, Rl/o H.No. Villa No 87, Sector-1, Mega Dream City Opp.

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD(Special Original Jurisdiction)(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

WRIT PETITION NOi 20?92 OF 2019

Between:

Hasib Mohammed Kosgi, S/o Abdul Gaffar Kosgi Rao, aged about 42 years,Occ. Private Employee, Rl/o H.No. Villa No 87, Sector-1, Mega Dream City Opp.Irilallapur Village, RCI Road, Balapur, Ranga Reddy District, Telangana State500005.

...PETITIONER

AND

1. The State of Telangana, Rep.by its Principal Secretary Municipal Administrationand Urban Development Department, Secretariat, Secretariat Buildings,Hyderabad.and Urban Development Department, Secretariat, Secretariat Buildings,Hyderabad.

2, Greater Hyderabad l\,4unicipal Corporation, Rep. by its Commissioner, TankBund. Hyderabad.Bund. Hyderabad.

3. Badangpet l\,4unicipality, Badangpet lVlain Road, Badangpet, Ranga ReddyDistrict, Rep.by its CommissionerDistrict, Rep.by its Commissioner

4. Jalpally N,4unicipality, Jalpally, Ranga Reddy District, Rep.by its Commissioner

5. INDUS TOWERS LTD, SNL Terminal, 8th Floor, Gachibowli, Hyderabad.

, ..RESPONDENTS

,Petition under Article 226 of the [Constitution ]of [lndia ][praying ]that [in ][the]circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue an appropriate Writ, Order or Direction more particularly in the nature of Writ ofMandamus declaring the in action of the respondents in considering the objections ofthe petitioner dated 28-08-2019 and 05-09-2019 for installation of TeleCommunication lnfrastructure Tower at Ladies Park, Mega Dream City Sector lll, RCIRoad, Balapur, Ranga Reddy District, Telangana contrary to the G.O.l\4s.No.146dated 19-06-2015 as arbitrary, illegal, capricious and consequently direct therespondents to consider the objections of the [petitioner ]dated 28-08-2019 and 05-09-20'19 before the respondents 1 to 4 forthwith.

lA NO: 1 OF 2019

Petition under Section 151 CPC [praying ]that in the circumstances stated in theaffidavit filed in support of the [petition, ]the High Court may be [pleased ]to direct therespondents 1 to 4 to stop the illegal and unauthorized installation of TeleCommunication lnfrastructure Tower by the sth respondent at the [premises ][Ladies]Park, lvlega Dream City Sector lll, RCI Road, Balapur, Ranga Reddy [District,]Telangana pending disposal of the above- Wrlt [petition ]in this Hon'ble Court.

Counsel for the Petitioner: SRI K.I.AHMED

Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN. & URBAN [DEV.]Counsel for the Respondent Nos.2 to 4: SRI N.PRAVEEN KUMAR, SC for GHMCCounsel for the Respondent No.5: SRI MOHD.ISLAMUDDIN [ANSARI]

The Court made the following: ORDER

:iL

THE HON'BLE [Dr. ][JUSTICE SHAMEEM AKTHER]

WPION No. o292[oF ][20][ 19]

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ORDER:

This Writ Petition, [under ][Article ][226 ][of ][he ][Constitution of]India, is filed [by ][the ][petitioner, wherein ][the ][following prayer ][is]made:

".,. to issue an [appropriate ][Writ, ][Order ][or ][Direction.more]pirticutarty in the naiure [of Writ of ][lvlandamus declaring]ih" inu.tion of the [respondents ][in ][considering ][the]onJectlons of the [petitioner dated 28-08-2019 and 05-09-]ZOis for installation [of Tele ][Communication Infrastructure]iower at Ladies [Park, ][t\4ega ][Dream ][Clty ][Sector ][III' ][RCI]Road, Balapur, [Ranga Reddy ][District, ][Telangana contrary]to the c.o.vs.t"lo.i46 [datud ][19-06-2015 ][as ][arbitrary']iti.oat. caoricious and [consequently ][direct ][the]i"."oonOant. to consider [the ][objections ][of the ][petitioner]dated 28-08-2019 [and ][05-09-2019 ][before ][the]i".pona"ntt 1to [4 ][forthwith, ][and ][pass such ][other]orders..."

2. Heard. Perused [the ][record.]

3. Learned counsel [for ][the ][petitioner would submit ][that ][erection]of cell tower at [the ][subject ][property ][has ][not ][been materialized ][and]therefore, nothing [survives ][for ][adjudication ][in ][this Writ ][Petition']

4. Taking the said [submission ][of the ][learned ][counsel ][for ][the]Writ [Petition is dismissed as ][infructuous']petitioner on record, the Miscellaneous Petitions, [if ][anY, ]Pending in this [Writ ][Petition]

der as to [costs]S o riio [n ][o'sar'nuf ]N'-4.xglr ,TRUE [COPY//]L 1-.SECTION [OFFICER]

shall stand closed. [There shall be no or]

To,

123?ffi EEIinl[#,F?]ilfffilih"itih^s*:rlsRt'u'""'lnus'lu'l"of Telangana. loull ,Two C.D. [Copies']5.Ooe [SPare ][CoPY']

5. MRC

SB {

HIGH COURT

DATED:30/121202'l

ORDER

WP.No.20292 of 2019

DISMISSING THE WRIT PETITIONAS INFRUCTUOUS WITHOUT COSTS

9IATE 6Aan.fl$1 [l':li' ][e':c"]L-

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