APHC010175782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 8847/2026 Between:

1. U MMIDI VARALAKSHMI,, W/O. UMMIDI YELLAJI, AGED ABOUT 55 YEARS, R/O. FLAT NO. FF-3 IN BLOCK-9, HUD - HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM - 530040.

2. B ANTUPALLI RAMANABABU,, S/O. BANTUPALLI BANGARAYYA, AGED ABOUT 50 YEARS, R/O. FLAT NO. FF-2 IN BLOCK-9, HUD - HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM -

530040.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOUSING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238.

2. T HE 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. T HE DISTRICT COLLECTORCUMDISTRICT MAGISTRATE, VISAKHAPATNAM DISTRICT - 530002.

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

530017.

5. T HE EXECUTIVE ENGINEER CONSTRUCTION, ANDHRA PRADESH HOUSING CORPORATION LIMITED, VISAKHAPATNAM DISTRICT -

530017.

6. T HE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.

BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT - 530002 ...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 topleased to issue an order or a direction or a writ, more particularly one in the nature of Writ of Mandamus declaring the high-handed action of the respondents, more specifically the 4th respondent, in attempting to dispossess the petitioners from their respectively allotted flats for HUD-HUD victims in Mudasarlova Layout by issuing impugned show cause Notices vide No. 180/2015/Hud-Hud, dated 16.03.2026 without passing any orders, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and consequently direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the petitioners over their respective flats without passing orders on the impugned notices, and also consequently to set aside the improper notices issued by the respondent authorities IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 4th respondent not to take any coercive steps or interfere with the petitioners' peaceful possession of their respective allotted flats for HUD-HUD victims in Mudasarlova Layout, pending disposal of the above Writ Petition Counsel for the Petitioner(S):

1. MULLA SOHAIL SHAREEF Counsel for the Respondent(S):

1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED)

3. GP FOR HOUSING The Court made the following:

HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO.8847/2026

ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed seeking the following relief:

“declaring the high-handed action of the respondents, more specifically the 4th respondent, in attempting to dispossess the petitioners from their respectively allotted flats for HUD-HUD victims in Mudasarlova Layout by issuing impugned show cause Notices vide No. 180/2015/Hud-Hud, dated 16.03.2026 without passing any orders, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and consequently direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the petitioners over their respective flats without passing orders on the impugned notices, and also consequently to set aside the improper notices issued by the respondent autho