APHC010340472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a THURSDAY, THE TENTH DAY OF JULY ^ TWO THOUSANDAND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17281 OF 2025 Between: "1^ Smt. Rayipailli Nagamani, W/o Rayipilli Kantarao, Aged about 37 years, R/o Sector-2, MVP Colony, Vizag, Visakhapatnam District. 1. Smt. Koppineeti Sri Lakshmi, W/o K. Subramanyam, Aged about 52 years, R/o Sector-6, MVP Colony, Vizag, Visakhapatnam District. Shri Koppinedi Nageswara Rao, S/o Subramanyam years, R/o Sector-6, MVP Colony, Vizag, Visakhapatnam District. 4. Smt. Polipalli Kanaka, W/o P. Yellarao, Aged about 45 Sector-9, MVP Colony. Vizag, Visakhapatnam District. 5. Smt. Alamanda Murali Naga Mani, W/o A. Tata Raju, Aged about 44 years, R/o MVP Colony, Vizag, Visakhapatnam District. 6. Smt. Bochu Krupa, C/o Bochu Simachalam, Aged about 36 years, R/o Pineapple Colony, Vizag, Visakhapatnam District. 7 7; Shri Bonam Nageswara Rao, S/o Bonam Subbarao Aged about 77 years, R/o Sector-9, MVP Colony, Vizag, Visakhapatnam District. 8. Shri Badireddy Srinu, S/o B. Ramulu, Aged about 56 years, R/o Peda Jalaripeta, Vizag, Visakhapatnam District. /9. Smt. Dharmireddi Nagamani, W/o D. Prasad, Aged about 36 years R/o Janguluru Village, Atchutapuram, Visakhapatnam District. 10. Ms. Undralla Sai Prasanna, D/o Undralla Ramu, Aged about 24 R/o Sector-5, Arilova Colony, Vizag Visakhapatnam District. Aged about 35 years, R/o years 11. Smt. Talabattula Dasamma, W/o Gopinadh, Aged about 58 years, R/o Near Polamma Talli Temple, Kobbarithota, Vizag, Visakhapatnam District. IzrMs. Polisetti Durga Bhavani, C/o P. Durga Suendra Vinay, Aged about 29 years, R/o Ramalayam Street, Visalakshmi Nagar, Vizag, Visakhapatnam District. 1/3. Smt. Bonam Bharathi, W/o Bonam Ramakrishna, Aged about 40 years, R/o Sector-9, MVP Colony, Vizag, Visakhapatnam District. ^'4. Smt. Thotada Sri Latha, W/o Totada Srinivas, Aged about 35 years R/o Marripalem, Vizag, Visakhapatnam District. 15. Smt. Perla Devi, W/o Perla Nallaraju, Aged about 39 years, R/o Near Polamambha Community Hail, Fisherman Colony, MVP Colony, Vizag, Visakhapatnam District. /f6. Smt. Yadia Lakshmi, W/o Y. Lakshman Rao, Aged about 29 years, R/o Appughar, MVP Colony, Vizag, Visakhapatnam District. 17. Ms. Kavvadi Swapna, C/o Kavvadi Krishna Rao, Aged about 34 years. Near Sai Baba Temple, Arilova, Vizag, Visakhapatnam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Housing Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 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. 3. The District Collector cum District Magistrate, Vizag, Visakhapatnam ^ District. 4. The Project Director, Andhra Pradesh Housing Corporation Limited Visakhapatnam District. 5. The Executive Engineer, Andhra Pradesh Housing Corporation Limited, Visakhapatnam District. '6. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Vizag, Visakhapatnam District. ...Respondents 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 to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus by declaring the action of the respondents more specifically, the 4th respondent in issuing notice to the petitioners vide Rc. No. 180/2015/Hud Hud/Engg/date. -05-2025 dated Nil.05.2025 as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the conditions of grant of the house flat certificate. Consequently, set aside the same. lA NO: 1 OF 2025 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 to stay all the proceeding in respect of the notice issued to the petitioners by the 4th respondent vide Rc. No. 180/2015/Hud Hud/Engg/date. - 05-2025 dated; Nil.05.2025, pending disposal of the above Writ Petition. Counsel for the Petitioners; SRI K SRINIVAS Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.1: GP FOR HOUSING Counsel for the Respondent Nos. 2, 4 & 5: SRI KALYAN CHAKRAVARTHY Counsel for the Respondent No.6: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order: APHC010340472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17281/2025 Between: 1 SMT RAYIPAILLI NAGAMANI,, W/0 RAYIPILLI KANTARAO, AGED VIZAG, ABOUT 37 YEARS, R/0 SECTOR-2, MVP COLONY VISAKHAPATNAM DISTRICT. 2. SMT. KOPPINEETI SRI LAKSHMI,, W/0 K. SUBRAMANYAM, AGED ABOUT 52 YEARS, R/0 SECTOR-6, MVP COLONY, VISAKHAPATNAM DISTRICT. 3. SHRI KOPPINEDI NAGESWARA RAO,, S/0 SUBRAMANYAM AGED ABOUT 35 YEARS, R/0 SECTOR-6, MVP COLONY VISAKHAPATNAM DISTRICT. 4. SMT. POLIPALLI KANAKA,, W/0 P. YELLARAO, AGED ABOUT 45 R/0 SECTOR-9, MVP COLONY. VIZAG, VISAKHAPATNAM VIZAG, VIZAG, YEARS DISTRICT. 5. SMT. ALAMANDA MURALI NAGA MANI,, W/O A. TATA RAJU AGED ABOUT 44 YEARS VISAKHAPATNAM DISTRICT. R/0 MVP COLONY, VIZAG, 6. SMT. BOCHU KRUPA,, C/0 BOCHU SIMACHALAM, AGED ABOUT R/0 PINEAPPLE COLONY, VIZAG, VISAKHAPATNAM 36 YEARS, DISTRICT. 7 7 SHRI BONAM NAGESWARA RAO,, S/0 BONAM SUBBARAO AGED VIZAG, ABOUT 77 YEARS, R/0 SECTOR-9, MVP COLONY, VISAKHAPATNAM DISTRICT. S/O B. RAMULU, AGED ABOUT 56 8. SHRI BADIREDDY SRINU f 2 YEARS, DISTRICT. R/0 PEDA JALARIPETA, VIZAG, VISAKHAPATNAM 9. SMT. DHARMIREDDI NAGAMANI,, W/0 D. PRASAD, AGED ABOUT 36 YEARS R/0 JANGULURU VILLAGE, ATCHUTAPURAM, VISAKHAPATNAM DISTRICT. 10.MS. UNDRALLA SAI PRASANNA,, D/0 UNDRALLA RAMU, AGED ABOUT 24 YEARS, R/0 SECTOR-5, ARILOVA COLONY, VIZAG VISAKHAPATNAM DISTRICT. 11.SMT. TALABATTULA DASAMMA,, W/0 GOPINADH, AGED ABOUT 58 YEARS, R/0 NEAR POLAMMA TALLI TEMPLE, KOBBARITHOTA, VIZAG, VISAKHAPATNAM DISTRICT. 12.MS. POLISETTI DURGA BHAVANI VI NAY, VISALAKSHMI NAGAR, VIZAG, VISAKHAPATNAM DISTRICT. 13.SMT. BONAM BHARATHI,, W/0 BONAM RAMAKRISHNA, ABOUT 40 YEARS, R/0 SECTOR-9, MVP COLONY, VIZAG VISAKHAPATNAM DISTRICT. I 14.SMT. THOTADA SRI LATHA,, W/0 TOTADA SRINIVAS, AGED ABOUT 35 YEARS R/0 MARRIPALEM, VIZAG, VISAKHAPATNAM DISTRICT. C/0 P. DURGA SUENDRA AGED ABOUT 29 YEARS, R/0 RAMALAYAM STREET, AGED 15.SMT. PERLA DEVI,, W/0 PERLA NALLARAJU, AGED ABOUT 39 YEARS, R/0 NEAR POLAMAMBHA COMMUNITY HALL, FISHERMAN COLONY, MVP COLONY, VIZAG, VISAKHAPATNAM DISTRICT. 16.SMT. YADIA LAKSHMI,, W/0 Y. LAKSHMAN RAO, AGED ABOUT 29 R/0 APPUGHAR, MVP COLONY, VIZAG, VISAKHAPATNAM DISTRICT. 17.MS. KAWADI SWAPNA,, C/0 KAWADI KRISHNA RAO, ABOUT 34 YEARS. NEAR SAI BABA TEMPLE, ARILOVA, VIZAG, VISAKHAPATNAM DISTRICT. YEARS, AGED ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF 3 SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. HOUSING DEPARTMENT, SECRETARIAT 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. 3.THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, VIZAG VISAKHAPATNAM DISTRICT. 4.THE PROJECT DIRECTOR, ANDHRA PRADESH HOUSING CORPORATION LIMITED VISAKHAPATNAM DISTRICT. 5.THE EXECUTIVE ENGINEER, ANDHRA PRADESH HOUSING CORPORATION LIMITED, VISAKHAPATNAM DISTRICT. 6.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER. VIZAG, VISAKHAPATNAM DISTRICT. ...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 to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus by declaring the action of the respondents specifically, the 4th respondent in issuing notice to the petitioners vide Rc. No. 180/2015/Hud Hud/Engg/date. -05-2025 dated Nil.05.2025 as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the conditions of grant of the house flat certificate. Consequently, set aside the same, lA NO: 1 OF 2025 more 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 to stay all the proceeding in respect of the notice issued to the petitioners by the 4th respondent vide Rc. No. 180/2015/Hud Hud/Engg/date. - 05-2025 dated: Nil.05.2025, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1.K SRI NIVAS w 4 Counsel for the Respondent(S): 1.GPFOR REVENUE 2.GP FOR HOUSING The Court made the following ORDER: Heard Sri K.Srinivas, learned counsel for the petitioners, Sri Kalyan Chakravarthy, learned standing counsel for respondents 2, 4 & 5, and Sri Bhagath Singh, learned Assistant Government Pleader for Revenue for the respondent and Sri A S C Bose, learned standing counsel for respondent. 2. Impugning the notices issued by the 4 respondent vide Rc.No.180/2015/Hudhud/Engg./ dated -05-2025, directing the petitioner to submit an explanation, the above writ petition has been filed. 3. Learned counsel for the petitioners would contend that the petitioners were allotted residential flats in Mudararlova, Sy.No.20/4, by conducting a lottery in the year 2015. The petitioners have been residing therein. 4. Be that as it may, the notices impugned were issued to the petitioners, pointing out their absence and further directing them to submit an explanation within seven (7) days. The notices further indicate that if the petitioners fail to submit a proper explanation, the allotment made in favour of the petitioners will be cancelled, and the flats will be allotted to other beneficiaries. 5. Learned counsel would also contend that the authorities premeditated the issue and thereafter issued the notice. He also would submit that the respondent authorities are trying to dispossess the petitioners without following due process. 6. Learned standing counsel would submit that the notices impugned were only show-cause notices. The petitioners can also submit their explanation, annexing all the documents. If the petitioners submit their explanation, the 4 respondent, by giving an opportunity of hearing to the petitioners, will pass appropriate orders. th 5 A Given the facts and circumstances of the case, the Writ Petition is disposed of with the following directions. 7. i) The petitioners shall submit an explanation to the notices (Ex.P.1) issued by the 4**^ respondent within two (2) weeks from today by annexing all the relevant documents; ii) Thereafter, the learned 4‘^ respondent shall conduct an inquiry, if necessary, by giving an opportunity of hearing and pass appropriate orders strictly as per the Rules and regulations; iii) Till an appropriate order is passed by the 4"^ respondent, the 4 respondent shall not take any coercive steps in pursuance of to notices videEx.P.1. th iv) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// s^c^^To^ficer To, 1. The Special Chief Secretary, Housing Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Managing Director, Andhra Pradesh State Housing Corporation Limited, Plot No 11 and 12, Behind BSNL Telephone Exchange, Auto Nagar, Vijayawada, Krishna District. 3. The District Collector cum District Magistrate, Vizag, Visakhapatnam District. 4. The Project Director, Andhra Pradesh Housing Corporation Limited Visakhapatnam District. 5. The Executive Engineer, Andhra Pradesh Housing Corporation Limited, Visakhapatnam District. 6. The Commissioner, Greater Visakhapatnam Municipal Corporation, Vizag, Visakhapatnam District. 7. One CC to Sri K Srinivas, Advocate [OPUC] 8. One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [pPUC] 9. One CC to Sri Kalyan Chakravarthy, Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs tg GP for Housing, High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF i \ HIGH COURT DATED:10/07/2025 ORDER WP NO. 17281 OF 2025 ^2 2JUL 2025 i SectjopxC^ Co DISPOSING OF THE W.P., WITHOUT COSTS