IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8612 OF 2025 Between: Madhavadhara VUDA Colony Residence Welfare Association (MVCRWA), (Regd.No. 48/1989) Rep.by its President Sri Buddaraju Gopala Raju, S/o. Late Rama Raju, Aged about 66 years. Business, R/o.D.No.39-33-17 , MIG- 315, Madhavadhara, Visakhapatnam-530018. ...PETITIONER AND 1. The State of AP, Rep.by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Velagapudi, Guntur District. 2. Visakhapatnam Metropolitan Region Development Authority (VMRDA) Rep.by its Commissioner, 9th Floor, VUDA Complex, Siripuram Visakhapatnam. 3. Pasala Suryanarayana S/o Late Satyam, Secretary VUDA Colony, Residents Welfare Association, r Mahavadhara VUDA colony, Visakhapatnam - 9949657734, Aadhar No. 888764623494. R3 is impleaded as per Order of the Court dated passed in I.A.No.2 of 2025. 1 » Circle, Madhavadhara R/o M.I.G 72, Phase 11, 530018, Mobile No. 23.04.2025 vide order ...RESPONDENTS Petition under Article 226 of the Constitution of India that in the circumstances stated is filed praying in the affidavit filed therewith, the High Court may be pleased to pass an order, writ, or direction more particularly action of the 2nd in the nature of Writ of mandamus declare the one respondent in terminating the license given to the petitioner to operate and manage the community hall in Madhavadhara, VUDA Colony, vide his orders in Rc.No.82/2010/13, dated 02-12-2024 as illegal, unlawful, unethical violation of the rules and evicting the petitioner forcibly ‘Cp^-2024 from the community hall of Madhavadhara, VUDA Colony has high handed arbitrary and contrary to the provisions of law and set aside the same orders of the 2nd respondent vide its Rc.No.82/2010/13 02-12-2024, and consequently to direct the respondents to handover the possession and management of the community hall in Madhavadhara, VUDA Colony to the petitioner as usual OR IN THE ALTERNATIVE direct the respondent to refund the amount of Rs.85,00,000/- spent by the petitioner on behalf of the 2nd respondent in developing the colony. lA NO: 1 OF 2025 on dated Petition under Section 151 CPC is filed praying that circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to put the petitioner i * possession and management of the Madhavadhara, VUDA Colony Community Hall pending disposal of the Writ Petition. Counsel for the Petitioner; SRI S V R SUBRAHMANYAM Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No. 2: SRI SOMISETTY GANESH BABU (SC FOR VUDA &MUDA) Counsel for the Respondent No.3: SRI G U R C PRASAD The Court made the following: ORDER in the in r- f 1 APHC010130622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ► [3460] WEDNESDAY JHE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8612/2025 Between: ...PETITIONER Madhavadhara Vuda Colony Residence Welfare Association (MVCRWA) AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1 .S V R SUBRAHMANYAM Counsel for the Respondent{S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.SOMISETTY GANESH BABU SC For VUDA and MUDA The Court made the following: \ 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8612/2025 ORDER; 1. The present Writ Petition is filed questioning the Order dated 02.12.2024 passed by the Respondent No.2 vide RC No.82/2010/13 whereunder the license in favour of the Petitioner’s Association for operating the Community Hall in Madhavadhara VUDA Colony was terminated. 2. The land for an of 1950 sq. yards in Sy.No.11 of Madhavadhara VUDA colony was allotted in favour of Madhavadhara VUDA Colony Residence Welfare Association for construction of a Community Mali on certain terms and conditions and on payment of license fee on annual basis. The said Community Hail was said to have been constructed with the help of MP LADS and the Petitioner’s Association was managing the affairs. 3. While so, certain allegations were raised with regard to management of the Community Hall by R. Venkat Rao, Corporator, 51 Ward, GVMC, through public grievance redressal system stating that the Association was charging rent @ 40,000/- for allotment of single floor and 3 Rs.80,000/- for allotment of two floors in the Community Hall in addition of collecting Rs.20% to 30% margin from the flower and lighting decorators. Apart from the complaint referred above, one P. Suryanarayana, Secretary, Madhavadhara, Secretary, Madhavadhara VUDa Colony also said to have made complaints against the unlawful activities of Sri A. Shok Chakravarthi the then President of the Association. In that context, the Association was issued a Notice on 15.05.2024 calling upon the then President to attend meeting on 22.05.2024 to sort out the allegations between the Office bearers of the Association and also enquire into the allegations raised by the Corporator referred above. As no information was furnished to the Respondent No.2, the license in favour of the Petitioner’s Association was terminated. 4. Heard Sri S.V.R. Subrahmanyam, the learned counsel for the Petitioner, and Sri A.S.C. Bose, learned Standing Counsel appearing for the Respondent No.2 and Sri G.V.R.C. Prasad, learned counsel for implead Respondent. 5. Learned counsel for the Petitioner contends that the allegations against the Office Bearers emanated out of personal grudges and that Audited Account Books of the Association apart from other documents available were produced before the Respondent No.2 along with a Letter V % dated 06.12.2024 and inspite of the same, the Community Hall was taken over by the Respondent Authorities. 6. Learned counsel further submits that Rs.91,923/- was paid towards the License Fee for the year 2024-2025 and as the license fee is existing till 31.08.2025, the termination of license by the Respondent No.2 without any prior show cause notice nor specifying the grounds of termination make the impugned action of the Respondent No.2 arbitrary and unsustainable. 7. Learned Standing Counsel appearing for the Respondent No.2 produced Written Instructions signed by the Secretary Visakhapatnam, wherein it was mentioned that the Petitioner was called VMRDA, upon to produce Minutes Book, Allotment Registers, Expenditure and Income Statements and any other relevant records relating to the Community hall’s maintenance to verify the allegations. As no documents were produced, the impugned Order cannot be faulted. It was also ' mentioned in the Written instructions regarding certain cases filed before the Civil Court of Visakhapatnam regarding the disputes of the Members vis a vis the election disputes. 5 8. Having heard the respective counsel, this Court is of the opinion that since the documents called upon by the Respondent No.2 i.e., Minutes Book, Allotment Registers and Expenditure and Income Statements and other documents required by the Respondent No.2 were said to have been produced by the Petitioner along with a Letter dated 07.12.2024, it would be appropriate to direct the Respondent No.2 to examine the said documents to verify the correctness of the allegations. Respondent No.2 may also consider the objections regarding the Management of the Community Hall of the Petitioner’s Association and pass appropriate orders within Two (02) weeks from the date of receipt of a copy of Web Order. 9. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. SDI- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration AND Urban Development Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Visakhapatnam Metropolitan Region Development Authority (VMRDA), 9th Floor, VUDA Complex, Siripuram Circle, Visakhapatnam. 3. One CC to Sri S V R Subrahmanyam Advocate [OPUC] 4. One CC to Sri Somisetty Ganesh Babu, SC for VUDA & MUDA, Advocate [OPUC] 5. One CC to Sri G U R C Prasad, Advocate [OPUC] 6. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATE 0:22/04/2025 ORDER WP.No.8612 of 2025 * 0 7 MAY 2025 ^ . Current Section . DISPOSING OF THE W.P., WITHOUT COSTS