AMARARAM DEWASI v. THE STATE OF RAJASTHAN

[2023/RJJD/006272]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 3178/2023

1. Amararam Dewasi S/o Ghewar Ram Dewasi, Aged About

33 Years, R/o 100, Samrath Colony, Jodhpur Road, Pali, Rajasthan.

2. Sawai Singh Rajpurohit S/o Nakhat Singh, Aged About 32 Years, R/o 97, Shiv Colony, Pali, Rajasthan.

3. Kanta D/o Multan Singh, Aged About 32 Years, R/o 98, Shiv Colony, Pali, Rajasthan.

4. Amba Kumari S/o Sonaram, Aged About 48 Years, R/o 100, Shiv Colony, Pali, Rajasthan.

5. Pukhraj S/o Manaram, Aged About 28 Years, R/o 79, Shiv Colony, Pali, Rajasthan.

6. Omprakash S/o Manaram, Aged About 24 Years, R/o 79, Shiv Colony, Pali, Rajasthan.

7. Dilip Singh S/o Sangram Singh, Aged About 48 Years, R/o Shiv Colony, Pali, Rajasthan.

8. Sajjan Singh Deval S/o Duradan Deval, Aged About 50 Years, R/o 91, Shiv Colony, Pali, Rajasthan.

9. Madhu Singh D/o Nakhat Singh, Aged About 34 Years, R/o 76, Samrath Colony, Pali, Rajasthan.

10. Roshan Khan S/o Mangu Khan, Aged About 30 Years, R/o 69, Samrath Colony, Pali, Rajasthan.

11. Bina Kanwar D/o Bhagwan Singh, Aged About 30 Years, R/o 73, Samrath Colony, Pali, Rajasthan.

12. Gawari D/o Narayal Lal, Aged About 34 Years, R/o 17, Samrath Colony, Pali, Rajasthan.

13. Mohini Devi D/o Vadha Ram, Aged About 28 Years, R/o 92, Samrath Colony, Pali, Rajasthan.

14. Dinesh S/o Narayan Lal, Aged About 35 Years, R/o 86, Samrath Colony, Pali, Rajasthan.

15. Bhuram Ram S/o Narayan Lal, Aged About 33 Years, R/o 99, Samrath Colony, Pali, Rajasthan.

16. Khemchand S/o Narayan Lal, Aged About 39 Years, R/o 95, Samrath Colony, Pali, Rajasthan.

----Petitioners

Versus

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1. The State Of Rajasthan, Through Joint Secretary-Ii, Urban Development, Housing And L.s.g. Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. District Collector Cum Chairman, District Telecom Committee, Pali, Rajasthan.

3. Municipal Corporation Of Pali, Through Its Commissioner, Near Suraj Pole Circle, Town Hall, Pali, Rajasthan.

4. Airtel Bharti Hexcome Private Limited, Through Its General Manager, K-21, Malviya Marg, C-Scheme, Jaipur, Rajasthan.

5. Madan Singh S/o Jodh Singh Rajput, R/o Plot No. 111 And

108 Shiv Nagar, Jodhpur Road, Pali, Rajasthan. ----Respondents

For Petitioner(s) : Mr. Amraram Dewasi (petitioner No.1- present in person)

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

03/03/2023

The lawyers are abstaining from work. This writ petition has been filed by petitioners challenging installation of Tower at Plot No.111, Shiv Colony, Pali. Having gone through the averments made in the writ petition, this Court is of the opinion that installation of a mobile tower is governed by the order dated 06.02.2017 issued by the State Government. In the said order dated 06.02.2017, Clause 15(4) clearly provides that the District Telecom Committee (DTC) under the Chairmanship of District Collector concerned shall deal with the issue related to telecom infrastructure including public grievances for installation of tower etc.

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Under such circumstances, this Court is of the view that the petitioners are supposed to avail appropriate remedy available as per Clause 15(4) of the Order dated 06.02.2017. It is ordered that if the petitioners approach the District Telecom Committee (DTC) within a period of one month from today, the District Telecom Committee shall consider the grievance of the petitioners and decide the same strictly in accordance with law expeditiously within ten days thereafter.

With these observation, this writ petition is disposed of. Stay petition and all pending applications stand disposed of.

(DR.PUSHPENDRA SINGH BHATI),J

144-Zeeshan

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