APHC010175782026

(Special Original Jurisdiction)

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

The Court made the following:

ORDER:

1. 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 authorities”

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 G+3 house flat bearing Nos.FF-3, & FF-2 in Sy.No.20/4 in block No.9 at Mudasarlova, 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 the 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 4th and 5th respondent Corporation personnel came to the petitioner’s house flats with the help on police on 16.03.2023 and issued Show Cause Notice threatening the petitioners to evict them, without any prior intimation.

5. Thus, challenging the arbitrary and unilateral action of the respondent authorities, more particularly, the 2nd responde