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2026 DAILYLAW 17682 (AP)

Naval Civil Technical and Non-technical Employees Cooperative House Building Society Ltd v. The State of Andhra Pradesh

WA/216/2026 · 2026-03-09

Challa Gunaranjan, Dhiraj Singh Thakur

body2026

Judgment text

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APHC010089712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 216 of 2026 Bench Sr.No:-27 [3552] Naval Civil Technical And Non-technical Employees Cooperative House Building Society Ltd. ...Appellant Vs. The State of Andhra Pradesh and others ...Respondent(s) ********** Advocate for Appellant: Mr. Ch. S. V. Suraj Advocate(s) for Respondent(s): Mr. A. S. C. Bose (SC for Municipal Corporations AP), GP for Muncipal Admn. and Urban Dev. AP CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 10th March, 2026. P C : The present writ appeal has been preferred against judgment and order dated 04.12.2025, passed in W.P.No.19164 of 2022. 2. The writ petition was dismissed for non-joinder of necessary parties and also on the ground that no direction can be issued compelling the Commissioner, Greater Visakhapatnam Municipal Corporation/respondent No.2, to act contrary to the provisions of the Andhra Pradesh Municipalities Act. 3. The relief sought by the appellant/petitioner before the learned Single Judge was that no building permission be granted in favour of private respondent Nos.7 and 8 in regard to parcels of land falling in Survey Nos.136, 2 HCJ & CGRJ WA_216_2026 138, 140, 144, 146 and 158 in Pulagalipalem Village of Visakhapatnam District. 4. It is also stated that the appellant/petitioner had filed an objection petition on 24.05.2022, with respondent No.2, i.e., the Commissioner of Greater Visakhapatnam Municipal Corporation, which has not been considered. 5. Having heard learned counsel for the parties, we find that the view expressed by the learned Single Judge that no Mandamus can be issued preventing a statutory authority from discharging its statutory obligations, especially when it comes to considering applications for grant of building permissions governed by the provisions of the Act and the Rules framed thereunder, warrants no interference. However, the Commissioner, Greater Visakhapatnam Municipal Corporation, may consider the objection petition, which the appellant/petitioner states has been filed. 6. Be that as it may, the present writ appeal stands disposed of accordingly. No costs. Pending miscellaneous applications, if any, in this case, shall stand closed. DHIRAJ SINGH THAKUR, CJ. CHALLA GUNARANJAN, J. SSN