State authorities cannot dispossess occupants of government-allotted housing or disconnect utility services without strictly following principles of natural justice and providing a fair hearing, as established by the procedural requirements inherent in the right to property under Article 300-A of the Constitution.

ORDER :

Maheswara Rao Kuncheam, J.

This writ petition under Article 226 of the Constitution of India is filed seeking the following relief:

“(i) to issue a Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 4th respondent in threatening to dispossess of the petitioners from the legitimate allotted Flats, situated in S. No. 20/4, Pineapple Coloney, Mudasarlova, Visakhapatnam without providing hearing opportunity, without passing appropriate orders by issuing impugned notices Rc. No. 180/2015/Hud Hud/Engg. Dt. nil.05.2025, and 16.03.2026 and the action of the 12th respondent in disconnecting the electricity connection of the subject properties, without considering their reply dt. 23.01.2026, to the notices Lr. No. AEE/OS/ARL/VSP/F. No./D. No 08/2026, dated. 05.01.2026 Which is arbitrary, unlawful, against the principals of natural justice and Volitation of Articles 14, 19, 21 and 300-A of Constitution of India, 1950 and (ii) to direct the 4th and 12th respondents not to interfere with the petitioners possession of legitimately allotted flats and (iii) consequently, to direct the 12th respondent to restore the electricity connections of the petitioners, (iii) to set aside the improper notices issued by the respondent authorities and pass.”

2. Heard learned counsel for the petitioners and Sri Mallikarjuna Murthy, learned Standing Counsel for the respondent No.2 - A.P. Housing Corporation as well as learned Assistant Government Pleader for Energy.

3. Learned counsel for the petitioners, reiterating the averments made in the writ petition, submits that the petitioners are landless poor persons and they fall below the poverty line. He submits that pursuant to the scheme initiated by the Central as well as State Governments, with the collaboration of the A.P. Housing Corporation authorities, to the affected families of the Hud- hud cyclone, severely affected the Visakhapatnam region, the petitioners were allotted subject flats at Mudasarlova, Hud Hud Cyclone colony (Pineapple colony), Visakhapatnam Urban limits on payment basis and received Occupancy Certificates from the 2^nd respondent Corporation Visakhapatnam District Authorities. Learned counsel submits that ever since the allotment of house flats, the petitioners have been in peaceful possession right from several years onwards by paying electricity bills and municipal taxes regularly to the respondent authorities.

4. He further submits that, while that is the position, the 2^nd respondent Corporation personnel, without any enquiry, came to the house flats of the petitioners and affixed the notices dated 16.03.2026 on the doors informing them to evict the subject flats within three days. He further contends that subsequently, the petitioners submitted their replies, and the same were not considered by the 2^nd respondent Corporation. He submits that, added to that, the electricity authorities also issued notices dated 05.01.2026 received on 21.01.2026, intimating the removal of electricity connections in the petitioners’ flats.

5. Thus, challenging the arbitrary and unilateral action of the respondent authorities, more particularly, the 2^nd respondent Corporation, Visakhapatnam region personnel, the instant writ petition has been filed. Learned counsel for the petitioner also brought to the notice of this Court that the people of very same locality had instituted W.P.No.17281 of 2025 and W.P.No.5158 of 2026 before this Court and the same were disposed of by this Court. Accordingly, she prays for the same relief.

6. Conversely, the learned Standing Counsel for the 2^nd respondent Corporation submits that the respondent authorities are acting within the parameters of the law. He submits that in spite of the specific notices issued by the respondent authorities, the petitioners are not coming forward with their explanation. He also placed a copy of the written instructions dated 07.04.2026 issued by the respondent Corporation and stat