IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2535 of 2008 SHATRUGHAN KUMAR MAHTO SON OF LATE LAXMI MAHTO RESIDENT OF VILLAGE SAHARSA, P.O. JAIPUR, P.S. MALI, DISTRICT AURANGABAD. Versus 1. THE UNION OF INDIA THROUGH RESPONDENT NO. 2. 2. THE CHIEF ENGVINEER, CIVIL ZONE, B.S.N.L. 5TH FLOOR, HAI COMPLEX, EXHIBITION ROAD, PATNA. 3. THE EXECUTIVE ENGINEER, CIVIL DIVISION, B.S.N.L. G.B. ROAD, TELEPHONE BHAWAN, GAYA. 4. THE SUPERINTENDING ENGINEER, CIVIL CIRCLE, N.S.N.L. 7TH FLOOR, HAI COMPLLEX, PATNA. 5. THE CHIEF SUPERINTENDING ENGINEER, CIVIL ZONE, B.S.N.L. 5TH FLOOR, HAI COMPLEX, PATNA. 6. THE D.D.E., B.S.N.L. NEW DELHI. ----------- 2 29/03/2010 The petitioner wants a direction upon the respondents Bharat Sanchar Nigam Limited to set up a U.S.O. tower on his land. He wants quashing of the communication dated 3.12.2007 contained in annexure- 6 by virtue of which the concerned authority has informed the petitioner that since his land is a low land area and remains flooded 2 ft. to 3 ft. under the water, therefore, his land is not fit for setting up of such a tower. The petitioner submits that the survey was done behind the back of the petitioner during rainy season and this is only an excuse. The tower is being set up near a primary school which may be detrimental to the interest of the - 2 - students etc. Learned counsel representing for B.S. N.L. submits that setting of tower is dependent upon the suitability of the land and it is the authority of the B.S.N.L. who is to decide the suitability of the land. Since the land offered by the petitioner was not found suitable the petitioner’s proposal was turned down. It is not such a matter where any writ can be issued for enforcement or a direction to set up tower in the land of the petitioner. Even otherwise the tower is already in making and thus no relief can be granted in that regard. This writ application is thus dismissed. AMIN (Ajay Kumar Tripathi, J.)