Telangana High Court

WP/4151/2017 of Basti Committee Bholakpur, Vs The State of Telangana, on 30 December 2021

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THE STATE OF TELANGANA: AT HYDERABAD (Special Original J urisdiction) THURSDAY, THE THIRTIETH DAY OF DECEIUBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER Between: Basti Committee Bholakpur,, Hyderabad (Regd.No. 1759) Represented by its Presidnet C.Chandra

THURSDAY, THE THIRTIETH DAY OF DECEIUBER

TWO THOUSAND AND TWENTY ONE

PRESENT

THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

WRIT PETITION NO: 4151 OF 2017

Between:

Basti Committee Bholakpur,, Hyderabad (Regd.No. 1759) Represented by itsPresidnet C.Chandra Prakash Yadav S/o Late C.Komaraiah Yadav, aged about64 years, Occ; Business Ryo 1-4-308/2/fu6, Siddiqui Nagar, Bholakpur,Hyderabad.500 080

...PETITIONER

AND

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

2. The Greater Hyderabad Municipal Corporation, Rep.by its Commissioner, TankBund Road, Hyderabad.Bund Road, Hyderabad.

3. Mr.Y.Vijay Kumar, S/o Late Y.Satyanarayana,Aged about 53 [years, ]H.No. [1-4-]62, Near Gangaputra Sangam, Bholakpur, Hyderabad. 500 08062, Near Gangaputra Sangam, Bholakpur, Hyderabad. 500 080

4. The lndus Tower Limited,, SLN Towers 8th Floor, Gachibowli, Hyderabad,Rep.by its Managing Director.Rep.by its Managing Director.

...RESPONDENTS

Petition under Article 226 of lhe Constitution of India [praying ][that ]in [the]circumstances stated in the affidavit filed therewith, the High Court [may be ][pleased]to issue an appropriate writ, order or direction more [particularly one ][in ][the ][nature ][of]WRIT OF MANDAMUS declaring the action of the [2nd ][respondent ][not ][preventing]the 3r( and 4th respondents for installation of Mobile Phone [Tower on ][the ][house ][of]the 3rd respondent is illegal, arbitrary, u [nco ]nstitutional [and violation ][of ][Prlnciples ][of]Natural Justice and violation of Fundamental [Rights ][Guaranteed ][Under ][the]Constitution of lndia and consequently [direct ][the 2nd ][respondent ][to ][Prevent ][the]installation and erection of Mobile Phone [Tower of the ][4th ][respondent ][on ][the ][House]of the 3rd respondent bearing H.No. [1-4-62, Near Gangaputra Sangham, Bholakpur]Hyderabad.

WPMP. NO: 4982 OF 2017

Petition under sectron 151 CPC [praying ][that ][in the ][circumstances ][stated ][in]the affidavit filed in support of the [petition, ][the ][High ][court ][may be pleased ][to ][direct]the respondent No.2 to [prevent ]the [installation and erection ][of ][Mobile ][Phone ][Tower]of the 4th respondent on the [House ][of the 3rd ][respondent bearing ][H.No 1-4-62']Near Gangaputra Sangham, Bholakpur [Hyderabad pending disposal ][of ][the ][Writ]petition.

Counsel for the Petitioner: SRI MOHAMMED RAFIUDDIN KALEEM (Not Present)Counsel for the Respondent No.1: cP FOR MUNICIPAL ADMN. & URBAN DEV.Counsel for the Respondent No.2: SRI PASHAM KRTSHNA REDDY, SC for GHMCCounsel for the Respondent No.4: SRI MOHD. ISLAMUDDTN ANSARICounsel for the Respondent No.3: None Appeared The Court made the following: ORDER

THE HON'BLE DT' JUSTICE [SHAMEEM ][AKTHER]

WRIT PETITION No.4151 O[F 2OL7]

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ORDER:

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

",,. to issue an [appropriate ][Writ, ][order ][or ][direction ][more]particularly one in the nature of [WRIT OF ][MANDAMUS]declaring the action [of ][the ][2nd ][respondent ][not ][preventing]the 3'd a-nd 4th respondent [for ][installation ][of ][Mobile ][Phone]Tower on the [house ][of ][the ][3'd ][respondent ][is ][illegal']u nconstitutiona [I ][and ][violation ][of ][Principles ][of]arbitrary, Natural Justice and [violation ][of ][Fundamental ][Rights]Guaranteed Under the [Constitution ][of ][India ][and]consequently direct the [2nd ][respondent ][to ][Prevent ][the]installation and ereition [of ][Mobile ][Phone ][Tower ][of ][the ][4th]respondent on the [house ][of ][the ][3'd ][respondent ][bearing ][H]No.1-4-62, Near [Gangaputra ][Sangham, ][Bholakpur']Hyderabad and [to ][pass ][such ][other order ][or ][orders ][""]

2, Heard the learned [Government ][Pleader ][for ][Municipal]Administration and [Urban Development appearing ][for ][respondent]No.1, learned Standing [Counsel ][for ][GHMC ][appearing ][for ][respondent]No.2, learned [counsel appearing ][for ][respondent ][No'4 and ][perused]the record.

3. No representation [For ][the ][petitioner']

4. Though notice is [served ][on ][respondent ][No'3, there ][is ][no]representation [on his ][behalf.]

5. The [present ][Writ ][Petition ][is ][filed ][seeking ][to ][prevent ][the]installation and erection [of ][mobile ][phone ][tower ][of ][the ][respondent]No.4 on the house of [the ][respondent No'3']

6. Learned counsel [for ][respondent ][No'4 ][would ][submit ][that ][the]proposal to install mobile [phone ][tower on ][the ][subject property ][is]

abandoned and the mobire phone tower is not instailed and notexisting on the subject property.

7The said submissions of the learned counsel for respondentNo.4 are taken on record.

8. Since installation of the mobile phone tower on the subjectproperty is abandoned, no orders are required to be passed in thisWrit Petition.

9. With the above observation, the Writ petition ls closed.

Miscellaneous [petitions, ]if any, pending in this Writ petitionshall stand closed. There shall be no order as to costs.

SD/.MOHD.SANAULLAH ANSARIASSISTANT REGISTRARASSISTANT REGISTRAR//TRUE COPY//L//SECTION OFFICERSECTION OFFICER

To,SECTION 1.for rhe statelr-f"irft#jiaGP [for Municipal Admn. & Urban Dev., ][High ][court ]2.One CC to SRI MCiHAMtVt24.Eff Elil:Fifr'trffiitr#h?HHffiirr"*la'si:.sd"'6.One Spare Copy.MRC

42SB

HIGH COURT

DATED:3011212021

ORDERWP.No.4151 ot 2017

CLOSING THE WRIT PETITIONWITHOUT COSTS.

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