- (1.) THIS writ petition, filed in public interest, challenges the government order dated 15.10.2012 whereby certain directions have been issued by the State Government to facilitate the service providers for establishing 4th Generation Broadband Wire Line/Wireless Access Services (4G -GBM).
(2.) THE petitioner has also challenged the permission granted by Lucknow Nagar Nigam to the respondent no.4 -M/s Reliance Jio Infocom Limited, a firm which holds All India Internet Service Provider (ISP) Category 'A' license issued by the Government of India, Department of Telecommunication, Ministry of Communication and IT, for road cutting which may be required in the process of laying down underground Optical Fibre Cable and for installing Ground Based Masts.
(3.) IT has also been prayed by the petitioner that the respondent nos. 1 to 3 i.e. State Government, Commissioner, Lucknow Division, Lucknow and Lucknow Nagar Nigam be mandated to recover the road cutting charges from the respondent no.4 as per prevalent rates and also to require the respondent no.4 to repair the roads. The prayers made in the writ petition read as follows: - "I. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to 3 to recover road cutting charges from respondent no.4 as per prevalent rates and repair the roads of concerned cities forthwith. II. Issue a writ, order or direction in the nature of certiorari quashing the order dated 03.06.2013 passed by respondent no.3 contained as Annexure No.1 to this writ petition. III. Issue a writ, order or direction in the nature of certiorari quashing the Government Order dated 15.10.2012 contained as Annexure No.2 to this writ petition. IV. Such any other order or direction under the circumstances of the case also be passed in favour of the petitioner." Heard Sri B.K.Singh, learned counsel for the petitioner, learned Standing Counsel for the State, learned Standing Counsel appearing for the Lucknow Nagar Nigam and Sri J.N.Mathur, learned Senior Advocate assisted by Sri Akash Prasad, learned counsel for respondent no.4 and perused the material available on record.;