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2025 DAILYLAW 27536 (AP)

Smt. Gundala Ganga v. The State of Andhra Pradesh,

WP/19810/2025 · 2025-07-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I I APHC010389042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19810 OF 2025 Between: 1. Smt. Gundala Ganga, W/o Mahesh, Aged about 48 years, R/o H. No. 44-15-18, Srinivas Nagar, Akkayyapalem, Visakhapatnam District. 2. Smt. Tirumareddy Venkata Laxmi, W/o Sivasjankar, Aged about 35 years, R/o H. No. 44-7-1/58/C-4, Thatichetlapalem, Visakhapatnam District. 3. Smt. Baki Varalakshmi, W/o Durgeswara Rao, Aged about 28 years, R/o GF-6, YSR Colony, Thatichetlapalem, Visakhapatnam District. 4. Smt. Palisetty Sujata, W/o Ganapathi, Aged about 39 years, R/o Dr. No. 44-7-1/158, Ramachandra Nagar, Thatichetipalem Visakhapatnam District. 5. Smt. Bojja Ramalakshmi, W/o Satti Babu, Aged about 32 years, R/o H. No. 50-64-27/2, Seethammapeta, Rajendra Nagar, Visakhapatnam District. 6. Smt. Naru Laxmi, W/o Kuruna Kumar, Aged about 39 years, R/o Dr. No. 44-15-21/A, Ramachandra Nagar, Thatichetlapalem Visakhapatnam District. Ramachandra Nagar 7. Smt. Natti Anuradha, W/o Ganga Raju, Aged about 39 years, R/o Dr. Venkateswara Colony, Thatichetlapalem No. 44-15-80/A/2, Visakhapatnam District 8. Smt. Vallapudasu Hemalatha, W/o Narasinga Rao, Aged about 40 R/o Dr. No. 36-94-291/24, Jagajeevan Nagar, years, Kancharapalem, Visakhapatnam District. 9. Smt. Kosetty Nookaratnam, W/o K. Srinu, Aged about 40, R/o H. No. 38-36-4/2, Maddin Garden Marripalem Visakhapatnam District, years, 10. Smt. Gangadhara Neelima Venkata Lakshmi, Aged about 33 years, R/o H. No. 50-2-98, Gandhi Nakkavanipalem, Visakhapatnam District. 11. Smt. Mongam Dhanalakshmi, W/o MT. Chandra, Aged about 29 years, R/o H. No. 44-7-1/250, Thatichetlapalem, Visakhapatnam District. W/o Srinu, Nagar, Sekhar, Santhosh Nagar, 12. Smt. Bandaru Chinna Satyavathi, W/o Bandaru Aged about 48 years, R/o H. No. 30-3.4/2, Daba Gardens, Visakhapatnam District. Venkata Rao (late) 13. Smt. Bobbadi Nookaratnam, W/o Bobbadi Sanyasi Aged about 35 years, R/o H. No. 4-27-16, Visakhapatnam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by Its Principal Secretary Municipal Administration and Urban Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Housing Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 3. The Greater Visakhapatnam Municipal Corporation, Rep. by Its Commissioner. Visakhapatnam District. 4. The Greater Visakhapatnam Municipal Corporation, Rep. by its Zonal Commissioner(Zone-5), Visakhapatnam District ...Respondents 13 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 Writ, or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, specifically the 3rd and 4th respondents in not considering the representations dated 23.06.2025 and 14.07.2025 and in not handing over the possession of the flat's allotted to the petitioners as shown in the table under the Pradhan Mantri Awas Yojana (Urban) - YSR Jagananna Nagar Nagar scheme, despite the execution and registration of a sale deed dated 25.01.2024, 30.01.2024, 02.02.2024, 12.02.2024 as illegal, arbitrary, and in violation of Articles 14, 19, and 300-A of the Constitution of India. Consequently, direct the 3rd and 4th respondents to consider the representations of the petitioners dated 23.06.2025 and 14.07.2025 and hand over the possession of the flat's allotted to the i petitioners under the Pradhan Mantri Awas Yojana (Urban) - YSR Jagananna Nagar scheme 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 direct the 3"'^ and 4*^ respondents to consider the representations of the petitioners dated: 23.06.2025 & 14.07.2025 and hand over the possession of the flat’s allotted to the petitioners under the “Pradhan Mantri Awas Yojana (Urban) - YSR Jagananna Nagar” scheme, pending disposal of the present Writ Petition / Counsel for the Petitioners: SRI K SRINIVAS Counsel for the Respondents No.1 & 2; GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondents No.3, 4: SRI A S C BOSE The Court made the following order: APHC010389042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19810/2025 Between: 1. SMT. GUNDALA GANGA, , W/0 MAHESH, AGED ABOUT 48 YEARS R/0 H. NO. 44-15-18, SRINIVAS NAGAR, AKKAYYAPALEM, VISAKHAPATNAM DISTRICT. 2. SMT. TIRUMAREDDY VENKATA LAXMI, W/O SIVASJANKAR, AGED ABOUT 35 YEARS, R/0 H. NO. 44-7-1/58/C-4, RAMACHANDRA NAGAR VISAKHAPATNAM DISTRICT. 3. SMT. BAKI VARALAKSHMI,, W/O DURGESWARA RAO, AGED ABOUT 28 YEARS, R/0 GF-6, YSR COLONY, THATICHETLAPALEM, VISAKHAPATNAM DISTRICT. 4. SMT. PALISETTY SUJATA,, W/O GANAPATHI, AGED ABOUT 39 YEARS, R/0 DR. NO. 44-7-1/158, RAMACHANDRA NAGAR, THATICHETIPALEM VISAKHAPATNAM DISTRICT. 5. SMT. BOJJA RAMALAKSHMI,, W/O SATTI BABU, AGED ABOUT 32 YEARS, R/0 H. NO. 50-64-27/2, SEETHAMMAPETA, RAJENDRA NAGAR, VISAKHAPATNAMDISTRICT. 6. SMT. NARU LAXMI,, W/O KURUNA KUMAR, AGED ABOUT 39 YEARS, R/0 DR. NO. 44-15-21/A, RAMACHANDRA NAGAR, THATICHETLAPALEM VISAKHAPATNAM DISTRICT. 7. SMT. NATTI ANURADHA,, W/O GANGA RAJU, AGED ABOUT 39 YEARS, R/0 DR. NO. 44-15-80/A/2, VENKATESWARA COLONY, THATICHETLAPALEM VISAKHAPATNAM DISTRICT. 8. SMT. VALLAPUDASU HEMALATHA,, W/O NARASINGA RAO, AGED ABOUT 40 YEARS, R/0 DR. NO. 36-94-291/24, JAGAJEEVAN NAGAR, KANCHARAPALEM, VISAKHAPATNAM DISTRICT. 9. SMT. KOSETTY NOOKARATNAM,, W/O K. SRINU, AGED ABOUT 40 R/0 H. NO. 38-36-4/2, MADDIN GARDEN MARRIPALEM VISAKHAPATNAM DISTRICT. YEARS, 10.SMT. GANGADHARA NEELIMA VENKATA LAKSHMI,, AGED ABOUT 33 YEARS, R/0 H. NO. 50-2-98, GANDHI NAKKAVANIPALEM, VISAKHAPATNAM DISTRICT. 11.SMT. MONGAM DHANALAKSHMI,, W/O MT. CHANDRA AGED ABOUT 29 YEARS, R/0 H. NO. 44-7-1/250 THATICHETLAPALEM, VISAKHAPATNAM DISTRICT. W/O SRINU, NAGAR, SEKHAR, SANTHOSH NAGAR, 12.SMT. BANDARU CHINNA SATYAVATHI,, W/O BANDARU AGED ABOUT 48 YEARS, R/O H. NO. 30-3.4/2, DABA GARDENS THATICHETLAPALEM VISAKHAPATNAM DISTRICT. VENKATA RAO 13.SMT. BOBBADI NOOKARATNAM ABOUT 35 YEARS, R/0 DISTRICT. (LATE) W/0 BOBBADI SANYASI AGED H. NO. 4-27-16 VISAKHAPATNAM ...PETITIONER(S) 1.THE STATE OF ANDHRA PRADESH REP BY ITS PRIMPidai DeSLt D^pSent'^TeSa^ rUG^A^Dr AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI. 2.THE STATE OF ANDHRA PRADESH REP BY ITS SPFriAi pu.cc 3.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATinM REP. BY ITS COMMISSIONER. VISAKHAPATNAM DISTRIOT 4. THE GREATER VISAKHAPATNAM MUNiSp^^L CORTORATION DISTR^^t'"" C0MMISSI0NER(20NE-';x^lSAKHAS representations dated 23 06 2oS and "iTorpnpr;'" h°' the 2^^^or202r^'.s r“ representations of the pltLn^s dated 23 06 2^5 anfl4 07 202°5""''rH "a of the petitioners dated- 23^6 202r?iro°7'2n9i'^^' thepresSit^etitL ^'^Posal of Counsel for the Petitioner(S)- 1.KSRINIVAS Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR HOUSING AND 3 The Court made the following Order: Learned counsel for the petitioners submits that the petitioners were allotted flats under the Pradhan Mantri Awas Yojana, and that the sale deeds were also executed in favour of the petitioners in the months of January and February. However, the possession of flats was not handed over to the petitioners by respondent Nos.3 and 4. In this regard, the petitioners submitted representations dated 23.06.2025 and 14.07.2025, seeking handing over the possession of the flats which were registered in favour of the petitioners. Heard the learned counsel for the petitioners and the learned 2. Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1 and 2 as well as the learned Standing Counsel for the respondents 3 and 4. Considering the submissions made, the respondent Nos.3 and 4 are hereby directed to consider and dispose of the representations dated 23.06.2025 and 14.07.2025, duly granting possession of the petitioners, subject to verification of the sale deeds executed in favour of the petitioners. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 3. 4. 5. //TRUE COPY// // To, SECTION OFeCFR 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department Secretariat, Velagapudi, Amaravati, Guntur District. N 2. The Special Chief Secretary, State of Andhra Pradesh, Housing Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District 3. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam District. 4. The Zonal Commissioner (Zone - 5), Greater Visakhapatnam Municipal Corporation, Visakhapatnam District 5. One CC to SRI K SRINIVAS Advocate [OPUC] 6. One CC to SRI GP MUNCIPAL ADMN AND URBAN DEV AP Advocate [OPUC] 7. One CC to SRI A S C BOSE, Standing Counsel for Municipalities [OPUC] 8. Two CD Copies GSG r HIGH COURT DATED: 31/07/2025 ORDER WP NO. 19810 OF 2025 g( 12 SEP 2025 Os '^VvCiinwtStella— DISPOSING THE WP WITHOUT COSTS