HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.33674 of 2010 Date : 23-2-2011 Between : M/s.GTL Infrastructure Limited .. Petitioner And The Gram Panchayath, represented by its Sarpanch, Kokaopet village, Rajendranagar Mandal, Ranga Reddy District and another .. Respondents Counsel for petitioner : None Counsel for respondents : None The Court made the following : ORDER: This Writ Petition is filed for the following substantive relief: “…to issue an appropriate writ, order or direction, especially one in the nature of writ of Mandamus, declaring the action of the respondent No.1 at the behest of respondent No.2 in interfering with the functioning of the tower at Plot No.1, Sy.No.129 in Kotkpet Village, Rajendranagar Mandal, Ranga Reddy District, without issuing any notice whatsoever, as arbitrary illegal, without jurisdiction and in violative of the well settled principles of natural justice…” At the hearing, there is no representation for the parties. I have perused the pleadings of the respective parties. The facts as could be culled out from the pleadings would reveal that location of cell tower by the petitioner over a private land is being interfered with by respondent No.1, at the instance of the villagers. This court in M.Balaram Vs. Bharat Sanchar Nigam Limited [1] held that a cell tower does not fall within the definition of building as defined under Section 2(3) of the A.P. Panchayat Raj Act, 1994 and that therefore no permission is required for erection of a cell tower. In view of the same, the respondents cannot interfere with the erection and functioning of the cell tower belonging to the petitioner. The Writ Petition is accordingly allowed in terms of the Judgment referred to supra. As a sequel to disposal of the Writ Petition, WPMP No.42673/2010 is disposed of as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 23-2-2011 AM [1] 2010(6) ALD 34 =2010(6) ALT 648