Andhra Pradesh High Court - Amravati
District - 524 vs The State Of Andhra Pradesh on 20 April, 2026
[3328 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATb
(SPECIAL ORIGINAL JURISDICTION)
i&i
MONDAY, THE TWENTIETH DAY OF APRIL, : p m •.V
TWO THOUSAND AND TWENTY SIX /
:PRESENT: ^
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA P ,D
WRIT PETITION NO: 5014 OF 2026
Between:
Prakash Abhishek Jain, S/o.Prakash Jain, Hindu, Aged about 36 years.
Occ: Business R/o. 14/2881/1, Kapu Street, Nellore, SPSR Nellore
District - 524001
Petitioner
AND
1. The State of Andhra Pradesh, rep by its Principal Secretary MA & UD
Department, Secretariat, Amaravathi 522 238
2. The District Collector, Nellore, SPSR Nellore District. 524 001
3. Nellore Municipal Corporation, Rep by its Commissioner, Nellore, SPSR
Nellore District. 524 001
4. Indus Towers Ltd., rep by its Manager, New D.No.24/6/148, Saraswathi
Nagar, Dargamitta, Nellore - 524003.
5. Modiliar Dhanalakshmi, W/o. M.Murugesh R/o. D.No. 16-3-47,
Thipparajuvari Street, Ward No.44, Nellore Town, SPSR Nellore District
-524001.
Respondents
Petition under Article 226 of the Constitution of India, is filed 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 in the nature of Writ of
Mandamus declaring the action of the 3'"^ respondent in according permission
in favour of the 4*^ respondent for erecting Roof-Top Cell Tower through
proceedings Roc.No.59/1031/NLR/TT/2025 dated 26.10.2025 without
considering the objections of the petitioner and other surrounding public,
without conducting Health risk assessment as per the procedure and without
the even proper verification about ownership of the 5 respondent as per the
building permission and going ahead with the work though the representations
rd
/ complaints made by the petitioner and others are pending before the 3
respondent and to declare the same as illegal, arbitrary and violative of Article
rd
14, 16 and 21 of the Constitution of India rd and consequently direct the 3
respondent to verify the building permissions of the 5"^ respondent and further
direction to strictly follow the guidelines issued in G.O.Ms.No.146 dated
th
19.6.2025 before proceeding further in erecting the Cell Tower by the 4
respondent by considering the objections of the petitioner and others;
lA NO: 1 OF 2026
Petition under Section 151 CPC., is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to stay all further proceedings consequent to issuance
of impugned proceedings vide Roc.No.59/1031/NLR/TT/2025 dated
26.10.2025 of the 3'^'^ respondent.
lA NO: 2 OF 2026
Petition under Section 151 CPC., is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to direct the 3'"^ respondent to take action on the
objections raised by the petitioner and others through representation dated
15.11.2025 and 12.2.2026 before proceeding further erection work by the 4
th
respondent;
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier orders of the High Court dated:
20.02.2026, 09.03.2026 & 31.03.2026 made herein and upon hearing the
arguments of Sri. VADAPALLI RAMESH, Advocate for the Petitioner and of
GP FOR MUNCIPAL ADMN & URBAN DEV, for the Respondent No.1 and of
GP FOR REVENUE, for the Respondent No.2 and of Sri. A.S.C. BOSE,
STANDING COUNSEL, for the Respondent No.3 and of Sri. JAMPANA
SRIKANTH, Advocate for the Respondent No.4;
The Court made the following ORDER:
Heard Sri Vadapalli Ramesh, learned Counsel for the Writ
Petitioner appearing online, Sri Harsha S Ammineni, learned Counsel
appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for
Counsel
Nellore Municipal Corporation and Sri Md BajI, learned
appearing on behalf of Sri Jampana Srikanth, learned Counsel for
Respondent No.4.
2. In compliance with the Order of this Court dated 31.03.2026, Sri
of
K. Durga Prasadu, Assistant Divisional Engineer, Department
Telecommunication, Government of India, Is present before the Court.
He has furnished a document titled as EMF (Electromagnetic field)
Overview. He would submit that he is a subject expert working with the
Department of Telecommunication. This document would indicate that
no medical evidence has been established that radiation emanating from
the cell towers causes any Ill-health in human beings.
3. This Court, having considered the submission as well as the
document of the expert, dispenses with the appearance of Sri K. Durga
of
Prasadu, Assistant Divisional Engineer, Department
Telecommunication.
4. Insofar as the merits of the Writ Petition is concerned, learned
Counsel for the Writ Petitioner would submit that the Respondent
Corporation has not granted any building permission to the owner of the
building so far and therefore,
without obtaining such building
permission, the Municipal Corporation is not authorized to grant
permission to any Company for erection of cell tower on such building.
On a query made by this Court, Sri Harsha S Ammineni, learned Counsel
appearing for the Respondent No.3, seeks a short adjournment to obtain
clear Written Instructions whether the building, on which the cell tower
is sought to be established, has the Occupancy Certificate/Compl etion
Certificate issued by the Respondent Corporation or not.
5. List on 22.04.2026 in the motion list.
6. Interim Order granted earlier shall continue till the next listing.
Sd/- U. Sridevi
DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1.
One CC to Sri. VADAPALLI RAMESH, Advocate [OPUC]
2.
Two CCs to GP FOR MUNCIPAL ADMN & URBAN DEV, High Court Of
Andhra Pradesh. [OUT]
3.
Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
4.
One CC to Sri. A.S.C. BOSE, STANDING COUNSEL [OPUC]
5.
One spare copy
JSS
HIGH COURT
GRKP, J
DATED:20/04/2026
LIST ON 22.04.2026 IN THE MOTION LIST
ORDER
WP.No.5014 Of 2026 DIRECTION