APHC010267192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13948 OF 2026 Between: 1. SMT K.SWATI (VASAMSETTI),, W/O VASAMSETTI VENKATA GANESH, AGED 32 YEARS, FLAT NO.503,SAL SRINIVASAM APARTMENT, SRINIVASA NAGAR, NEAR NRI GIRLS CAMPUS, YENDADA, VISAKHAPATNAM- 530045. ...PETITIONER AND 1. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 2. THE ASSISTANT CITY PLANNER, ZONE -VI, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, GAJUWAKA, VISAKHAPATNAM. 3. THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 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 tomay be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings Dt. 13-03- 2026 vide memo No.02/108 6/GVMC/UC/WPRS429i/c 2026 and proceedings Dt. 19-01-2026 are illegal, arbitrary and violate of principles of natural justice, 2 consequently to set aside the said orders i.e., proceedings Dt. 13-03-2026 vide memo No. 02/1086/GVMC/UC/WPRS429 i/c/2026 and the proceedings Dt. 19-01-2026 in the interest of justice and pass such IA NO: 1 OF 2026 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 may be pleased to stay all further proceedings pursuant to the confirmation order Dt. 13-03-2026 Vide notice No.02/1086/GVMC/UC/ WPRS429 i/c/2026, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 1. 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following ORAL ORDER: (LUNCH MOTION) Heard Ms. Uma Devi, Ld. Counsel appearing on behalf of M/s. G. Rama Gopal, Ld. Counsel for the Writ Petitioner and Sri Vijaya Kumar, Ld. Counsel appearing on behalf of Sri A.S.C. Bose, Ld. Standing Counsel for the Municipal Corporations. 2. The Writ Petitioner herein has assailed the Order passed by the Assistant City Planner dated 13.03.2026. The Impugned Order dated 13.03.2026 (Ex.P.1) is the Final Order, which reflects that the Official Respondents have issued Provisional Notice to the Writ Petitioner in respect of certain violations on 19.01.2026. 3. Ld. Counsel for the Writ Petitioner has drawn the attention of this Court to the impugned Order dated 13.03.2026 (Ex.P.1) and also the Explanation given by the Writ Petitioner on 20.04.2026 (Ex.P.2). In Para-4 of the Reply/Explanation dated 20.04.2026, it has been clearly stated by the Writ Petitioner that the Provisional Notice sent by the Official Respondents on 19.01.2026 has not been received. Ld. Counsel for the Writ Petitioner submits that in Para-6 of the Affidavit filed in support of this Writ Petition, she has stated to the same effect that the Provisional Notice dated 19.01.2026 has not been received. It therefore transpires that the Provisional Notice issued by the Respondents on 19.01.2026 (Ex.P.2) was not received by the Writ Petitioner and therefore, the Writ Petitioner could not respond to the Provisional Notice. 3. Having considered the above facts, without going into the merits of this case, this Court deems it appropriate to dispose of this Writ Petition at the admission stage by setting aside the impugned order dated 13.03.2026 with a direction to the Official Respondents to consider the Reply/Explanation given by the Writ Petitioner dated 20.04.2026 (Ex.P.2) and pass a Speaking Order in accordance with law within a period of four (04) weeks from the date of uploading of this Order on the Web-site of this Court. The Writ Petitioner is also given liberty to produce any documents that she intends to rely on within 4 two weeks from the date of uploading of this Order on the Web-site of this Court. Needless to state that, on request, the Respondents shall give an opportunity of hearing to the Writ Petitioner before passing the final Order. The Speaking Order shall be supplied to the Writ Petitioner as soon as the Speaking Order is passed. 4. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 07.05.2026 Mnr 5 47 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.13948 OF 2026 Dt.07.05.2026 Mnr