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2026 Supreme(Online)(AP) 17528

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

2026:APHC:17430

WRIT PETITION NO: 8026/2026

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

Between:

1. PERLA DEVI, W/O NALLA RAJU, AGE 38 YEARS, RESIDENT OF
FLAT NO-FF-1, BLOCK NO-9, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

2. KARRI NAGAMANI, W/O THATHA BABU, AGE 45 YEARS.
RESIDENT OF FLAT NO-TF-7, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

3. MEESALA SATYANARAYANA, S/O KURAMAYYA, AGE 39 YEARS.
RESIDENT OF FLAT NO-GF-7, BLOCK NO-4, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

4. CHINTAPALLI PERAMMA, W/O CHINNAYA, AGE 45 YEARS,
RESIDENT OF FLAT NO-FF-5, BLOCK NO-7, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

5. MADAGALA SIVA LAKSHMI, W/O NAGARAJU, AGE 32 YEARS.
RESIDENT OF FLAT NO-SF-7, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

6. VADAMODULA POLARAO, S/O VENKAYYA, AGE 42 YEARS,
RESIDENT OF FLAT NO-FF-2, BLOCK NO-7, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

7. PERLA DURGA DEVI, W/O DURGA PRASAD, AGE 37 YEARS.
RESIDENT OF FLAT NO-FF-3, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

8. SURADA SEETHAMMA, W/O MASENU, AGE 47 YEARS, RESIDENT
OF FLAT NO-FF-1, BLOCK NO-2, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

9. VASUPILLI SANDYA, W/O SATISH KUMAR, AGE 46 YEARS.
RESIDENT OF FLAT NO-SF-3, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

10. DASARI ANNAPURNA, W/O SANJEEV, AGE 41 YEARS, RESIDENT
OF FLAT NO-FF-7, BLOCK NO-10, FLUD FLUD CYCLONE
FLOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

11. AKULA DHANA, W/O DHANARAJU, AGE 34 YEARS. RESIDENT OF
FLAT NO-SF-1, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

12. PILLA LAKSHMANA RAO, S/O LATE NOOKANNA, AGE 51 YEARS.
RESIDENT OF FLAT NO-FF-5, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

13. PANDA SAROJINI, W/O RAGHUNADH, AGE 68 YEARS. RESIDENT
OF FLAT NO-FF-8, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

14. SURADA VENKATA LAKSHMI, W/O DASU, AGE 40 YEARS.
RESIDENT OF FLAT NO-GF-3, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

15. REDDY RAMU, W/O SURYA PRAKASH RAO, AGE 46 YEARS.
RESIDENT OF FLAT NO-FF-4, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

16. DASARI PANDARIBAI, W/O MOHANA RAO, AGE 44 YEARS.
RESIDENT OF FLAT NO-FF-6, BLOCK NO-10, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

17. BADE LAKSHMANA RAO, S/O SURI, AGE 43 YEARS. RESIDENT OF
FLAT NO-SF-2, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

18. SURADA YELLAJI, S/O LATE MASENU, AGE 33 YEARS. RESIDENT
OF FLAT NO-SF-5, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

19. SURADA DANAYYAMMA, W/O APPANNA, AGE 52 YEARS.
RESIDENT OF FLAT NO-GF-5, BLOCK NO-6, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

20. JAMMU BHADRAMMA, W/O APPARAO, AGE 52 YEARS. RESIDENT
OF FLAT NO-TF-3, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

21. SURADA ESWAR, S/O DASS,21. AGE 25 YEARS, RESIDENT OF
FLAT NO-GF-8, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

22. GARIKINA LAKSHMI, W/O CHINNA, AGE 31 YEARS. RESIDENT OF
FLAT NO-GF-7, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

23. SURADA BHOOLOKA, W/O DANESU, AGE 34 YEARS. RESIDENT
OF FLAT NO-GF-6, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

24. NOLLI RAMU, W/O NOLLI, AGE 39 YEARS. RESIDENT OF FLAT
NO-GF-5, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

25. DAMIREDDY NAGAMANI, W/O PRASAD, RESIDENT OF FLAT NO GF-4, BLOCK NO-10, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

26. BADIREDDY SRINU,, S/O RAMULU, AGE 54 YEARS. RESIDENT OF
FLAT NO-GF-5, BLOCK NO-7, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

27. VILLA SUBHA SANTOSHI, W/O DURGA PRASAD, AGE 29 YEARS.
RESIDENT OF FLAT NO-FF-7, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

28. BONAM BHARATHI, W/O RAMA KRISHNA, AGE 40 YEARS.
RESIDENT OF FLAT NO-FF-8, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

29. KOPPINEDI NAGESWARA RAO, S/O SUBRAMANYAM, AGE 35
YEARS. RESIDENT OF FLAT NO-FF-3, BLOCK NO-3, HUD HUD
CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

30. BONAM NAGESWARA RAO, S/O SUBBARAO, AGE 73 YEARS.
RESIDENT OF FLAT NO-FF-6, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

31. KOPPINEETI SRI LAKSHMI, W/O SUBRAMANYAM, AGE 52 YEARS.
RESIDENT OF FLAT NO-FF-4, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

32. BONI LAKSHMI, W/O BANGARU NAIDU, AGE 44 YEARS,
RESIDENT OF FLAT NO-SF-7, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

33. TAPPA MAHA LAKSHMI, W/O BEESU, RESIDENT OF FLAT NO-TF-5,
BLOCK NO-3, HUD HUD CYCLONE HOUSES, MUDASARLOVA,
VISAKHAPATNAM-530040.

34. BUDUMURI LEELA, W/O APPARAO, AGE 60 YEARS, RESIDENT OF
FLAT NO-GF-7, BLOCK NO-3, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

35. TOTADA GANGAMMA, W/O LATE GANGISETTY, AGE 70 YEARS.
RESIDENT OF FLAT NO-SF-6, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040

36. THOTADA SRI LATHA, W/O SRINIVAS, AGE 35 YEARS. RESIDENT
OF FLAT NO-FF-7, BLOCK NO-8, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

37. RAYIPILLI NAGAMANI, W/O KANTARAO, AGE 37 YEARS.
RESIDENT OF FLAT NO-FF-2, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

38. THAPA PREAM KUMAR, S/O LAI BAHADUR, AGE 35 YEARS.
RESIDENT OF FLAT NO-SF-5, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

39. BOBBIN MAHESH, S/O MUTYALA NAIDU, AGE 24 YEARS.
RESIDENT OF FLAT NO-GF-5, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

40. POLLIPALLI KANAKA, W/O YELLA RAO, AGE 50 YEARS. RESIDENT
OF FLAT NO-SF-1, BLOCK NO-3, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

41. NARAYANAPURAM KANAKAMAHALAKSHMI, W/O POLICE, AGE 38
YEARS. RESIDENT OF FLAT NO-FF-5, BLOCK NO-3, HUD HUD
CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

42. BOBBIN RAJU, S/O GANGARAJU, AGE 40 YEARS. RESIDENT OF
FLAT NO-GF-6, BLOCK NO-3, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

43. NEELAM SRINIVAS, S/O VENKAT RAO, AGE 40 YEARS. RESIDENT
OF FLAT NO-TF-1, BLOCK NO-3, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

44. RAYAPILLI SANYASI RAO, S/O PYDI SETTI, AGE 49 YEARS,
RESIDENT OF FLAT NO-TF-2, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

45. POLARAPU SANKAR RAO, S/O APPARAO, AGE 51 YEARS.
RESIDENT OF FLAT NO-GF-8, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

46. KAVVADI SWAPNA, W/O, KRISHNA RAO, AGE 34 YEARS.
RESIDENT OF FLAT NO-GF-6, BLOCK NO-9, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

47. KOYANA KONDA, W/O MAHESWARA RAO, AGE 43 YEARS.
RESIDENT OF FLAT NO-FF-1, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

48. UMMIDI VARALAKSHMI, W/O YELLAJI. AGE 54 YEARS. RESIDENT
OF FLAT NO-FF-3, BLOCK NO-9, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

49. BANTUPALLI RAMANA BABU, S/O BANGARAYYA, AGE 49 YEARS.
RESIDENT OF FLAT NO-FF-2, BLOCK NO-9, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

50. PODILAPU KALAVATHI, W/O SURYANARAYANA, AGE 52 YEARS.
RESIDENT OF FLAT NO-SF-5, BLOCK NO-8, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

51. BOCHU KRUPA, W/O SIMHACHALAM, AGE 34 YEARS. RESIDENT
OF FLAT NO-TF-7, BLOCK NO-3, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

52. ALAMANDA MURALI NAGA MANI, W/O TATA RAO, AGE 49 YEARS.
RESIDENT OF FLAT NO-TF-6, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

53. TALABATTULA DASAMMA, W/O GOPINADH, AGE 52 YEARS.
RESIDENT OF FLAT NO-FF-5, BLOCK NO-9, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

54. PATNALA SRINIVASA RAO, S/O NARASIMHULU, AGE 39 YEARS.
RESIDENT OF FLAT NO-TF-8, BLOCK NO-5, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

55. VANAPALLI SEETHAMAHALAKSHMI, W/O APPALARAJU , AGE 39
YEARS. RESIDENT OF FLAT NO-TF-8, BLOCK NO-3, HUD HUD
CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

56. ADARI DEVI, W/O ANVESH, AGE 31 YEARS, RESIDENT OF FLAT
NO-GF-2, BLOCK NO-3, FLUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

57. KOLLI DEMUDAMMA, W/O APPALA NAIDU, AGE 41 YEARS.
RESIDENT OF FLAT NO-FF-4, BLOCK NO-9, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

58. GRANDHI RAMALAKSHMI, W/O SUDHEER, AGE 37 YEARS,
RESIDENT OF FLAT NO-SF-2, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

59. MODU SADANANDARAO, S/O APPALAKONDA, AGE 65 YEARS,
RESIDENT OF FLAT NO-GF-1, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

60. GODIA VENKATA ADINARAYANA, S/O RAMAKRISHNA, RESIDENT
OF FLAT NO-TF-2, BLOCK NO-7, HUD HUD CYCLONE HOUSES,
MUDASARLOVA, VISAKHAPATNAM-530040.

61. VEMULA SURI BABU, S/O CHINNA APPARAO, AGE 50 YEARS.
RESIDENT OF FLAT NO-SF-8, BLOCK NO-8, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

62. CHENNAMSHETTI SHIVA, S/O GOURINAIDU, AGE 33 YEARS.
RESIDENT OF FLAT NO-SF-8, BLOCK NO-3, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

63. KATRAKUNNA DURGARAO, W/O LATE KONDAYYA, AGE 35
YEARS, RESIDENT OF FLAT NO-FF-6, BLOCK NO-5, HUD HUD
CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

64. PENDURTHI ADHI LAKSHMI, W/O LATE SATYANARAYANA, AGE 46
YEARS, RESIDENT OF FLAT NO-GF-6, BLOCK NO-5, HUD HUD
CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

65. KENGUVA GOWRI NAIDU, S/O SWAMINAIDU, AGE 40 YEARS.
RESIDENT OF FLAT NO-FF-4, BLOCK NO-1, HUD HUD CYCLONE
HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040.

...PETITIONER(S)

AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOUSING
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT-522238

2. THE ANDHRA PRADESH STATE HOUSING CORPORATION
LIMITED, REP. BY ITS MANAGING DIRECTOR, PLOT NO 11 AND
12, BEHIND BSNL TELEPHONE EXCHANGE, AUTO NAGAR,
VIJAYAWADA, KRISHNA DISTRICT -520007

3. THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE,
VISAKHAPATNAM DISTRICT-530002.

4. THE PROJECT DIRECTOR, ANDHRA PRADESH HOUSING
CORPORATION LIMITED (APHCL), VISAKHAPATNAM DISTRICT-
530017

5. THE EXECUTIVE ENGINEER CONSTRUCTION, ANDHRA
PRADESH HOUSING CORPORATION LIMITED, VISAKHAPATNAM-
530017

6. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION,
REP BY ITS COMMISSIONER, VISAKHAPATNAM-530002

7. THE STATION HOUSE OFFICER, ARILOVA POLICE STATION,
VISAKHAPATNAM-530057.

8. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY, ENERGY DEPARTMENT, SECRETARIAT,
VELAGAPUDI, GUNTUR DISTRICT-522238.

9. THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION
COMPANY LIMITED, (APEPDCL), REP BY ITS CHAIRMAN AND
MANAGING DIRECTOR,C/O 50-27-5/1, TPT COLONY,
SEETHAMMADHARA, VISAKHAPATNAM - 530013

10. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE,
APEPDCL, VISAKHAPATNAM-530040.

11. THE EXECUTIVE ENGINEER, OPERATION/ZONE-LLL, APEPDCL,
VISAKHAPATNAM-530040.

12. ASSISTANT EXECUTIVE ENGINEER, OPERATION SECTION,
APEPDCL ARILOVA, VISAKHAPATNAM-530040.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased tomay be pleased (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 dispose 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

Counsel for the Petitioner(S):
1.BHAGATHI JOGA RAO

Counsel for the Respondent(S):
1.GP FOR HOME
2.GP FOR REVENUE
3.GP FOR ENERGY
4.V V SATISH (SC for APEPDCL)
5.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
6.MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING
CORPORATION LIMITED)
7.GP FOR HOUSING

The Court made the following:

Advocates:
For the Appellants/Petitioners: BHAGATHI JOGA RAO
For the Respondents: GP FOR HOME, GP FOR REVENUE, GP FOR ENERGY, V V SATISH (SC for APEPDCL), A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP), MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED), GP FOR HOUSING

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.

Headnote:(A) Constitution of India - Articles 14, 19, 21 and 300-A - Right to property - Dispossession of allottees of housing flats without due process - Petitioners challenged notices of eviction and electricity disconnection without individual hearings. (Paras 1, 8, 9)

(B) Principles of Natural Justice - Requirement of fair procedure under Article 300-A - State duty to provide notice of intended acquisition/dispossession, right to be heard, and reasoned decision. (Para 9)

Facts of the case:
The petitioners, designated as landless poor, were allotted housing flats under a government scheme for cyclone-affected families. The housing corporation threatened eviction and the electricity utility disconnected supplies without conducting individual inquiries, despite the petitioners submitting replies to earlier notices.

Findings of Court:
The court held that the arbitrary, unilateral action of the authorities was contrary to the constitutional protection afforded under Articles 21 and 300-A. The court mandated the issuing of fresh notices, providing a hearing, and passing reasoned orders before any coercive action could be taken.

Issues: Whether the state can dispossess residents of allotted housing flats without following due process and principles of natural justice, and whether electricity supply can be disconnected without considering their replies.

Ratio Decidendi: Deprivation of property must be strictly in accordance with a just, fair, and reasonable procedure. Procedural safeguards under Article 300-A—including the right to notice and the right to be heard—are mandatory, and their absence renders the state's action susceptible to challenge.

Result: Writ petition disposed of with directions for a fresh inquiry process and protection of status quo until the completion of such process.

ORDER:

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 2nd 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 2nd 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 2nd 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 2nd 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 2nd 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 states that enquiry is

being conducted on 07.04.2026 in order to root out the

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2026 Supreme(Online)(AP) 17528

Cases Referred (4)