Andhra Pradesh High Court - Amravati
Andhra Pradesh State Multi Services ... vs The State Of Ap on 8 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) TUESDAY , THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 23110 OF 2020 Between: Andhra Pradesh State Multi Services Cable Operators Sankshema Sangam (APSMSCOSS), Amaravathl, Andhra Pradesh, ( Regd No. 33/2017 ), Represented by its General Secretary, Mr BW Bhaskar Reddy, S/O Chenna Reddy, aged .15 Years, R/o 6/982, Azad Nagar, Anantapuramu, Andhra Pradesh-515001. Petitioner -AND 4. The State of Andhra Pradesh, represented by Its Principle Secretary (Legal Affairs, Legislative Affairs and Justice), Secretariat Buildings at Velgapudl, Guntur, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, represented by Its Principle Secretary (Energy Infrastructure and Investment Department), Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh. 3 The State of Andhra Pradesh,, represented by its Principle Secretary (Panchayath Raj Department), Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh. 4. The State of Andhra Pradesh, represented by Its Principle Secretary (Municipal Administration and Urban Development), Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh. 5. The Chairman and Managing Director, APTRANSCO, R/o. 48-12-4/1, Eluru Road, Gunadala, Vijayawada, Krishna District, Andhra Pradesh. 6. Southern Power Distribution Company of A.P. Limited, APSPDCL, represented by its Chairman and Managing Director, Kesavayagunta, besides Srinivasa Kalyana Mantapam. Tiruchanuru Road, Tirupathi, Andhra Pradesh 7. Eastern Power Distribution Company of A.P. Limited APEPDCL, represented by its Chairman and Managing Director, Corporate Office, APEDCL, P and T Colony, Sithammadhara, Visakapatnam, Andhra Pradesh. 8. The Superintending Engineer, Operation, Southern Power Distribution Company of A.P. Limited, Ananthapur, Andhra Pradesh 9 The Deputy Executive Engineer, Operation, APCPDCL, Central Power Distrbution Corporation of AP Ltd, Operation Sub-Division Rural-1 Tenali, Guntur District, AP 40. Union of India, represented by Ministry of Information and Broadcasting 'A' - Wing, Shastri Bhavan, New Delhi-110001. 41.Union of India,, represented by Ministry of Communications, Department of Telecommunications, Sanchar Bhavan, 20, Ashoka Road, New Delhi-110001, 1 42. Telecom Regulatory Authority of India (TRAI),, Mahanagar, Door Sanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, New Delhi-110002. 43. Andhra Pradesh State Fibernet Ltd, represented by its Managing Director, Krishna Lanka, Vijayawada, Kristian District, Andhra Pradesh-520013. Respondents
WHEREAS the Petitioner above named through its Advocate Sri V. Sai Kumar 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 or order or direction more particularly one in the nature of Writ of mandamus declaring the action of the Respondent Authorities i.e. the respondents 2 to 7 herein in interfering with the day to day business of the members of the petitioners association and in forcing the members of the petitioner association for removal of the cables pertaining to the network running on the poles of the respondent authorities in- spite of the orders of this Honorable court in IA No. 1 of 2018 WP NO. 33989 of 2018 Dated 12.09.2018, IA No. 1 of 2020 WP No. 5627 of 2020 dated 02.03.2020 as illigal, arbitrary and also oppose to Article 49 (1) (g) of the Constitution of India as well as oppose to the Letter of the 40th respondent in DO No. 2/10/2017-DAS Dated 48 06.2017 as well as oppose to Section 4B (5) of the Cable Television Networks (Regulation) Act 1995, and also contemptuous in nature, consequentially direct the respondent Authorities i.e. the respondents 2 to 7 herein not to interfere with the day to day business of the members of the petitioner association in laying the wires/ cables pertaining to the network on the poles of the respondent authorities.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri V. Sai Kumar Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4. The Principle Secretary (Legal Affairs, Legislative Affairs and Justice), State of Andhra Pradesh, Secretariat Buildings at Velgapud, Guntur, Guntur District, Andhra Pradesh.
The Principle Secretary (Energy Infrastructure and Investment Department), State of Andhra Pradesh ,Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh.
3. The Principle Secretary (Panchayath Raj Department), State of Andhra Pradesh Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh.
4. The Principle Secretary (Municipal Administration and Urban Development), State of Andhra Pradesh, Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh.
5. The Chairman and Managing Director, APTRANSCO, R/o. 48-12-4/1, Eluru Road, Gunadala, Vijayawada, Krishna District, Andhra Pradesh.
6 The Chairman and Managing Director, Southern Power Distribution Company of AP. Limited, APSPDCL, Kesavayagunta, besides Srinivasa Kalyana Mantapam. Tiruchanuru Road, Tirupathi, Andhra Pradesh ,
7. The Chairman and Managing Director, Eastern Power Distribution Company of AP. Limited APEPDCL, Director, Corporate Office, APEDCL, P and T Colony, Sithammadhara, Visakapatnam, Andhra Pradesh.
8. The Superintending Engineer, Operation, Southern Power Distribution Company of A.P. Limited, Ananthapur, Andhra Pradesh
9. The Deputy Executive Engineer, Operation, APCPDCL, Centra! Power Distribution Corporation of AP Ltd, Operation Sub-Division Rural-1 Tenali, Guntur District, AP
10. The Ministry of Information and Broadcasting 'A' -Wing, Union of India, Shastri Bhavan, New Delhi-110001.
11.The Ministry of Communications, Department of Telecommunications, Union of India, Sanchar Bhavan, 20, Ashoka Road, New Delhi-110001, 1
12.Telecom Regulatory Authority of India (TRAI),, Mahanagar, Door Sanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, New Delhi-110002.
13.The Managing Director, Andhra Pradesh State Fibernet Ltd, Krishna Lanka, Vijayawada, Kristian District, Andhra Pradesh-520013.
Nh gare directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 29.12.2020 on which date the case stands posted for hearing The Court made the following: ORDER Notice before admission.
Learned counsel for the petitioner is permitted to take out personal notice on the 13°" respondent by "RPAD" and file proof of service.
Registry is directed to print the name of Sri N. Harinath, learned Assistant Solicitor General of India.
Post on 29.12.2020.
Sd/- M. SURYANATHA REDDY ASSISTANT REGISTRAR TRUE COPY// MY, ye For ASSISTANT REGISTRAR To
1. The Principle Secretary (Legal Affairs, Legislative Affairs and Justice), State of Andhra Pradesh, Secretariat Buildings at Velgapudl, Guntur, Guntur District, Andhra Pradesh.
2. The Principle Secretary (Energy Infrastructure and Investment Department), State of Andhra Pradesh ,Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh.
3. The Principle Secretary (Panchayath Raj Department), State of Andhra Pradesh Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh.
4. The Principle Secretary (Municipal Administration and Urban Development), State of Andhra Pradesh, Secretariat Buildings at Velgapudi, Guntur, Guntur District, Andhra Pradesh.
5. The Chairman and Managing Director, APTRANSCO, R/o. 48-12-4/1, Eluru Road, Gunadala, Vijayawada, Krishna District, Andhra Pradesh.
6. The Chairman and Managing Director, Southern Power Distribution Company of A.P. Limited, APSPDCL, Kesavayagunta, besides Srinivasa Kalyana Mantapam. Tiruchanuru Road, Tirupathi, Andhra Pradesh
7. The Chairman and Managing Director, Eastern Power Distribution Company of A.P. Limited APEPDCL, Director, Corporate Office, APEDCL, P and T Colony, Sithammadhara, Visakapatnam, Andhra Pradesh.
8. The Superintending Engineer, Operation, Southern Power Distribution Company of A.P. Limited, Ananthapur, Andhra Pradesh
9. The Deputy Executive Engineer, Operation, APCPDCL, Central Power Distribution Corporation of AP Ltd, Operation Sub-Division Rural-1 Tenali, Guntur District, AP
10. The Ministry of Information and Broadcasting 'A' -Wing, Union of India, Shastri Bhavan, New Delhi-110001.
41.The Ministry of Communications, Department of Telecommunications, Union of India, Sanchar Bhavan, 20, Ashoka Road, New Delhi-110001, 1
12.Telecom Regulatory Authority of India (TRAI),, Mahanagar, Door Sanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, New Defhi-110002.
13.The Managing Director, Andhra Pradesh State Fibernet Ltd, Krishna Lanka, Vijayawada, Kristian District, Andhra Pradesh-520013. (1 to 13 by RPAD- along with a copy of petition and affidavit) 14,.One CC to Sri V. Sai Kumar Advocate [OPUC]
15.Two CCs to GP for General Administration ,High Court of Andhra Pradesh. [OUT]
16.Two CCs to GP for Energy ,High Court of Andhra Pradesh. [OUT]
17.Two CCs to GP for Panchayat Raj ,High Court of Andhra Pradesh. [OUT] °
18. Two CCs to GP for Municipal Administration ,High Court of Andhra Pradesh. [OUT]
49.One CC to Sri Y. Nagi Reddy, Standing Counsel (OPUC)
20.One CC to Sri N. Harinath, Asst. Solicitor General, High Court of A.P. at Amaravati (OUT)
21. One spare copy TVR HIGH COURT MGRJ DATED:08/12/2020 NOTICE BEFORE ADMISSION WP.No.23110 of 2020 POST ON 29.12.2020