ATC Telecom Infrastructure Private Limited vs Akola Municipal Corporation And Others

Nitin W. Sambre, J

Heard.

The matter was mentioned twice during the course of the day by Mr. Bhutada, learned counsel for the petitioner. He has tried to serve the copy of this petition on the Advocate Mr. Sohoni, who is informed to have refused to accept the same, as he has no instructions to appear in the matter for the respondent Nos.1 and 2. Mr. Bhutada then informs that during the conversation with Advocate Mr. Sohoni, it is informed that Advocate Mr. Akhil Mishra from Akola Municipal Corporation has filed a caveat, wherein there is no local address of Mr. Mishra mentioned. It is further informed that the copy of the petition along with the notice was also sent and served through e-mail on the respondent-Corporation.

In the aforesaid background, this Court is constrained to take up this writ petition for hearing, as it is informed that the ATC Telecom Infrastructure Private Limited.odt respondent Nos.1 and 2 have started sealing the mobile towers for non-compliance of the revenue demand.

Mr. Bhutada, on instructions, informs that the total demand comes to around Rs.5.5 crores and the said amount shall be deposited with the Registry of this Court within a period of one week from today. Since the statement is made on instructions, same is accepted as an undertaking. Let the amount be deposited with the Registry of this Court within a period of one week from today.

In the wake of above, issue notice to the respondents, returnable on 5th January 2022 .

Mr. N.S. Rao, learned Assistant Government Pleader, waives notice for the respondent No.3- State.

It shall be the responsibility of the petitioner to complete service on the respondent Nos.1 and 2 by the returnable date.

In view of the undertaking given, there shall be ad interim relief in terms of prayer clause (F) of this writ petition.