APHC010090722026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 5158 Between: 1. PERLA ATCHIYAMMA, W/o.DURGAYYA, AGE 63 YEARS, RESIDENTOF FLAT NO HOUSES, MUDASARLOVA, VISAKHAPATNAM 2. KADAGALA RAMU, FLAT NO-GF-6, BLOCK NO MUDASARLOVA, VISAKHAPATNAM 3. BANDI APPANNA, S/ FLAT NO-FF-7, BLOCK NO MUDASARLOVA, VISAKHAPATNAM 4. ADIVARAPU ANANDARAO, RESIDENT OF FLAT NO HOUSES, MUDASARLOVA, VISAKHAPATNAM 5. PUVVALA RAVI, , S/O LATE KRISHNA MURTHY, AGE 51 YEARS. RESIDENT OF FLAT NO HOUSES, MUDASARLOVA, VISAKHAPATNAM 6. DINDI YAMUNA,, W/O RAJU, AGE 23 YEARS, RESIDENT OF FLAT NO-SF-4, BLOCK NO MUDASARLOVA, VISAKHAPATNAM 7. CHERUVUPALLI NAGESWARI,, W/O MADDAIAH, RESIDENT OF FLAT NO-GF-3, BLOCK NO MUDASARLOVA, VISAKHAPATNAM 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 5158 of 2026 PERLA ATCHIYAMMA, W/o.DURGAYYA, AGE 63 YEARS, RESIDENTOF FLAT NO-GF-2, BLOCK NO-4, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. KADAGALA RAMU, S/o. PAKEER, AGE 55 YEARS. RESIDENT OF 6, BLOCK NO-1, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. BANDI APPANNA, S/o.APPARAO, AGE 40 YEARS. RESIDENT OF 7, BLOCK NO-1, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. ADIVARAPU ANANDARAO, S/o. THAVITINAIDU, AGE 42 Y RESIDENT OF FLAT NO-FF-7, BLOCK NO-4, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. PUVVALA RAVI, , S/O LATE KRISHNA MURTHY, AGE 51 YEARS. RESIDENT OF FLAT NO-TF-6, BLOCK NO-7, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. DINDI YAMUNA,, W/O RAJU, AGE 23 YEARS, RESIDENT OF FLAT 4, BLOCK NO-2, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. CHERUVUPALLI NAGESWARI,, W/O MADDAIAH, RESIDENT OF 3, BLOCK NO-4, HUD HUD CYCLONE HOUSES MUDASARLOVA, VISAKHAPATNAM-530040. IN THE HIGH COURT OF ANDHRA PRADESH [3209] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE NINALA JAYASURYA PERLA ATCHIYAMMA, W/o.DURGAYYA, AGE 63 YEARS, 4, HUD HUD CYCLONE 530040. PAKEER, AGE 55 YEARS. RESIDENT OF HUD CYCLONE HOUSES, APPARAO, AGE 40 YEARS. RESIDENT OF 1, HUD HUD CYCLONE HOUSES, THAVITINAIDU, AGE 42 YEARS. 4, HUD HUD CYCLONE 530040. PUVVALA RAVI, , S/O LATE KRISHNA MURTHY, AGE 51 YEARS. 7, HUD HUD CYCLONE 30040. DINDI YAMUNA,, W/O RAJU, AGE 23 YEARS, RESIDENT OF FLAT 2, HUD HUD CYCLONE HOUSES, CHERUVUPALLI NAGESWARI,, W/O MADDAIAH, RESIDENT OF 4, HUD HUD CYCLONE HOUSES, 2 8. KANURI USHA SAMYUTHA, W/o.ILIA MANIKANTA, AGE 19 YEARS. RESIDENT OF FLAT NO-FF-3, BLOCK NO-6, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 9. GUMMIDI LAKSHMI, W/o.RAMANA, AGE NOT KNOWN YEARS. RESIDENT OF FLAT NO-TF-7, BLOCK NO-6, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040 10. NARAIA NARASIMHA RAJU, S/o. BADIMINAIDU, AGE 45 YEARS, RESIDENT OF FLAT NO-TF-3, BLOCK NO-3, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 11. VASALAPU YERRAYAMMA,, W/O SREERAM MURTHY, AGE 52 YEARS. RESIDENT OF FLAT NO-SF-4, BLOCK NO-10, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 12. ALAMANDA RUPIKUMAR,, S/O ESWARA RAO. AGE 38 YEARS. RESIDENT OF FLAT NO-TF-5, BLOCK NO-9, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 13. PERLA POLAMMA,, W/O AMMORU, AGE 52 YEARS. RESIDENT OF FLAT NO-GF-4, BLOCK NO-4, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 14. BASAVA RAMARAO,, S/O SANYASI, AGE 56 YEARS. RESIDENT OF FLAT NO-SF-2, BLOCK NO-7, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 15. KALLURI APPANNA,, S/O RAMULU, AGE 52 YEARS. RESIDENT OF FLAT NO-SF-6, BLOCK NO-4, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 16. JOGA BANGARAMMA,, W/O ESWAR RAO. AGE 26 YEARS. RESIDENT OF FLAT NO-FF-1, BLOCK NO-4, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. 17. TAMATAPU SRILAKSHMI,, W/O SRIDHAR, AGE 37 YEARS. RESIDENT OF FLAT NO-FF-2, BLOCK NO-4, HUD HUD CYCLONE HOUSES, MUDASARLOVA, VISAKHAPATNAM-530040. ...PETITIONER(S) AND 3 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOUSING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522238. 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 -520007. 3. THE DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, VISAKHAPATNAM DISTRICT-530002. 4. THE PROJECT DIRECTOR, ANDHRA PRADESH HOUSING CORPORATION LIMITED (APHCL), VISAKHAPATNAM DISTRICT- 530017. 5. THE EXECUTIVE ENGINEER CONSTRUCTION, ANDHRA PRADESH HOUSING CORPORATION LIMITED, VISAKHAPATNAM- 530017. 6. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM-530002. 7. THE STATION HOUSE OFFICER, ARIIOVA POLICE STATION, VISAKHAPATNAM-530057. 8. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 9. THE ANDHRA PRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED, (APEPDCL), REP BY ITS CHAIRMAN AND MANAGING DIRECTOR,C/O 50-27-5/1, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM - 530013 10. THE SUPERINTENDING ENGINEER, , OPERATION CIRCLE, APEPDCL, VISAKHAPATNAM-530040. 11. THE EXECUTIVE ENGINEER, OPERATION/ZONE-ILL, APEPDCL VISAKHAPATNAM-530040. 12. ASSISTANT EXECUTIVE ENGINEER, OPERATION SECTION, APEPDCL, ARILOVA, VISAKHAPATNAM-530040. ...RESPONDENT(S): 4 Counsel for the Petitioner(S): 1. Mr.BHAGATHI JOGA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR ENERGY 3. GP FOR HOUSING 5 The Court made the following order: Alleging that the 4th respondent is threatening to dispossess the petitioners from the Flats allotted to them, which are situated in Survey No.20/4, Mudasarlova, Visakhapatnam, without any opportunity, without passing appropriate orders by issuing improper notices dated nil-05-2025 (annexed to the walls) and further that the 12th respondent is threatening to disconnect the electricity connection to the said flats by issuing notices dated 05.01.2026, the present writ petition is filed. 2. Heard learned counsel for the petitioners. Also heard Mr.Abdul Matheen, learned counsel representing the respondent - DISCOM authorities. 3. The learned counsel for the petitioners inter alia submits that the petitioners are daily wage labourers and belong to economically weaker section. He submits that during the year 2015, the respondent-authorities decided to construct houses to Hud-hud cyclone affected families and after constructing flats, the same were allotted to the said cyclone affected families in the Mudasarlova colony. He submits that as some flats remained vacant, the same were allotted to the applicants, who do not have own houses under the scheme of Housing for All (Urban) PMAY, Affordable Housing in Partnership(AHP) i.e., HFA (U)-AHAP & Spl.YSR Housing Programme. He further submits that the petitioners are in peaceful possession of flats, the details of which are set out in Para No.6 of the writ affidavit and they are availing power supply to their respective flats. 6 4. While so, the learned counsel for the petitioners submits that to the petitioners utter surprise, the 12th respondent issued notice dated 05.01.2026 inter alia stating that the service connection to the respective flats would be disconnected within 7 days, in the event, the petitioners failed to submit valid documents issued by the competent authority in respect of the flats which are in possession of the petitioners. He submits that as seen from the said notice, it would appear that the DISCOM authorities have issued the said notice on a communication dated 12.12.2025 addressed by the District Head Housing, Visakhapatnam. He also submits that the respondent-Housing Corporation, without issuing any notice, much less by following due process of law, is trying to interfere with the possession of the petitioners and threatening to dispossess from the subject matter flats and as a part of the coercive tactics, they got issued notices dated 05.01.2026. He submits that the said action on the part of the respondent-authorities is in violation of principles of natural justice, infringes the rights of the petitioners guaranteed under Articles, 14, 21 and 300-A of the Constitution of India. Making the said submissions and drawing the attention of this Court to the order dated 10.07.2025 in W.P.No.17281 of 2025 and order dated 13.02.2003 in W.P.No.4237 of 2026 dated 13.02.2006, the learned counsel seeks appropriate reliefs. 5. On the other hand, the learned Standing Counsel for the A.P.State Housing Corporation Limited Mr.K.Mallkarjuna Murthy, made submissions with reference to the instructions dated 24.02.2026, received from the Deputy Collector / District Head Housing, from a reading of which, it is not clear as to 7 whether individual notices were issued to the petitioners in the present writ petition, with regard to the action, if any proposed / taken by the officers of the State Housing Corporation Limited, though it appears that some notices were issued with regard to cancellation of allotment of houses / flats on the premise that allotments were made to ineligible persons. There is no mention about passing of any orders by the authorities after issuing notices to the concerned, who were allegedly ineligible. 6. In the light of the above stated position, this Court instead of keeping the writ petition pending, deems it appropriate to dispose of the same with the following directions. 1. The 4th respondent shall issue appropriate notices to the writ petitioners, under proper acknowledgment within a period of one week from the date of receipt of a copy of this order. 2. On receipt of the said notices, the petitioners shall submit their explanation / reply along with the relevant documents within a period of three (3) weeks thereafter. 3. On receipt of the explanation from the petitioners, the 4th respondent shall conduct enquiry, if necessary, by giving an opportunity of hearing and pass appropriate orders, strictly as per the Rules and Regulations, within a period of eight (8) weeks. 4. Till passing of such orders, the authorities of Housing Corporation and the DISCOMs shall not take any steps / initiate action to dispossess the petitioners from the subject matter flats or disconnect the supply to their service connections. 8 7. The writ petition is accordingly disposed of. No costs. Consequently, all pending applications shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Dt. 24.02.2026 BLV 9 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 5158 of 2026 Date: 24.02.2026 BLV 10