High Court · 2025
Case Details
2' Reliance lnfratel Limited' a public limited compaqyrincop'o19ted under the Co1npJnrci Act, 1956 and hiving_ its register"g. gffi* at H Block, Dhirubhai AmUini Xnowledqe Ciry, Kopar (hairand, Navi Mumbai- 400 710 and one of G LiiCi. otficei "it pt6t N6. 38, Sth Floor, Reliance Fl'oqse' {ltpc1 .C,IY' tvfiOnaprt, f-fyOeraOaO, Rep. bi its Htrb Commercial Head, Mr. Vadali .....PETITIONERS AND
1. Governrnent of Andhra Pradesh, Rep by its Principal Secretqry Municipal Administration and Urban Developnr,ent, Secretariat, Hyderabad.
2. The Commissioner and Director, MunicipalAdministration, Govemrnent of Andhra Pradesh, A.C. Guards, Hyderabad.
3. Adilabad Municipality, rep. by its Commisskrner, Adilabad District. .....RESPONDENTS petition Under Article 226 of the Constitution of ]ndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or any other order or direction particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in interfering with the functioning of the towers erected within the limits of 3fli respondent for non-payment of the amount of Rs. 40,000/- as Permit fee and Scr.utiny Fee of Rs. 10,000/-, without issuing any prior notice and without giving i I , opportunity to the petitioner company, as being arbitrary, illegal, without jurisdiction and in violation of well settled principle5 of natural justice. ry% Between Adilabad Municipality, rep. by its Commissioner, Adilabad District. ....PETITIONER/RESPONDENT.3 AND
1. Reliance Communications Limited, a public limited compahy incorporated under the Companies Act, 1956 and having its registesed office at H Block, Dhirubhai Ambani Knowledge City, Kopar Khairane, Navi Mumbai- 400 710 and one of its circle offrces at Plot No. 38, Sth Floor, Reliance House, Hltecfr City, Madhapur, Hyderabad - 500 081 . Rep. by its Hub Commercial Head, Mr. Vadali lSubrahmanyam, S/o. Late V.L.N. Sastry.
2. Reliance lnfratel. Limited, a public limited company incorporated under the Companies Act, 1956 and having its registered office at H Block, Dhirubhai Ambani Knowledge City, Kopar Khairane, Navi Mumbai- 400 710 and one of its circle offices at Plot No. 38, 5th Floor, Reliance House, Hitech City, Madhapur, Hyderabad, Rep. by its Hub Commercial Head, Mr. Vadali Submlsmanyam, S/o. Late V.L.N. Sastry. .....RESPONDENTS/WRIT PETITIONERS
3. Govemment of Andhra Pradesh, Rep by its Principal Secretary Municipal Administration and Urban Development, Secretariat, Hyderabad.
4. The Commissioner and Director, Municipal Administration, Govemment of Andhna Pradesh, A.C. Guards, Hyderabad. .....RESPONDENTS/RESPONDENTS Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitbn, the High Court may be pleased to vacate order passed in W.P.M.P. No.6905 of 2013 in W.P.No. 5536 of 2013, dated 2242-,2013. I.A.NQ:2 OF 2Ol3 MPMP.NO:6905 OF 2013) Petition Under Section 15f 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 re$pondents not to interfere with the functioning of the towers erected within the limits of the 3rd respondent rnunicipality, pendirg dlsposal of the writ petition. GOUNSEI fOr thE PEtitiONErS : SRI MOHAMMED ABDUL RASHEED Counset for the Respondent No.1 : GP fOR MUNGIPAL ADMN AND T RBAN DEVELOPMENT Counset for the Respondent Nos.2 & 3 : SRI S.R.VISHNU MURTHY, ADVOCATE FOR SRI PUTTA KRISHNA REDDY The Court made the foltowing ORDER :] i ,i i I
1. :,: ; a\ HON'BLE SRI IUSTICE SUDDALA CHALAPATHI RAO ORDER: OF The instant writ petition is filed declaring the action of the respondents in interfering with the functioning of the towers erected within the limits of 3'd respondent for non-payment of the amount of Rs.40,000 /- as permit fee and scrutiny fee of Rs.10,000/-, without issuing any prior notice and without giving opportunity to the petitioner:-company, as being arbitrary, illegal, without jurisdiction and in violation of well settled principles of natural justice.
2. wtren the matter is taken up tor hearing, Iearned counsel for petitionerc would submit that in a similar circumstances, this Hon'ble (lourt in w.P.No.38905 of 2073 antl batch, clated 20.72.2076, \ \ \ \ : I I I I and also in w.P.N o.123'Lt4 of 2009 and batch, dated oz.0l.2olg, directed r:he respondents therein to regulate the activity of the Cell Towers erected by the petitioner-companies in accordance with the Government orders issued from time to time, but shall not demand any amo,nt towards permit fee as no Go'ernmerrt order exists in respect ol'those cell towers already erectecl as on 01.0g.2013 prior to issuance of G.O.Ms.No.380 dated 01.0g.2013. 2 r-, o
3. Mr. s.R.Vishnu Murthy, learned counsel representing Mr. Putta Krishna Reddy, learned standing Cou.sel for Municipalities, does not oppose the said contention of the learned counsel for petitioners In view of the same, the instant writ petition is also disposed Hon'ble Court in w.PNo.38905 of 2019 and batch dated 20.12.201,6 and also in w.P.No.l231,4 of 2009 ancr batch, datecr 02.01.2073. There shall be no order as to costs. miscellaneous a pplications if any shall stand closed. //TRUE COPY// SD/. M. JAWAHAR REDDY ASStsrAN2AEG6rR4R sech6lr o,FFtcER / The Principal secretgry, Ggvernment of Andhra pradesh, Municipal Administratlon and Urban Development, Secretariat, Stat'e oifeiSngana at Hyderabad. The Commissioner and Director, Municipal Adrninistration, Government of A.ndEa Pradesh, A.C. Guards, Hyderabbd. The commissioner, Adilabad Municipality, Adilabad District. TWO @S tO GP FOR MUNCIPAL ADMNAND URBAN OEVCI-OPMENT, - - ' ' lioh pgurt [o1!tre ftgt9-9f_T_etgryana at Hyderioat. toul ONE CC tO SRI MOHAMMED ABbULRAS-HEED, AdTOCA{E {OPUCI Two CD Copies - ---- 1-' To
1..
3. 4.
5. 6. 7. SA BSR C S ( o 1 0 tEB 2026 * J''1 -* t HIGH COURT DATED i16l,1U2025 ORDER WP.No.$536 of 2013 DISPOSING OF THE W.P WTHOI,'T COSTS. @ g6qtr'9 W s\t)t*