APHC010702812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36655/2025 Between: 1. ADARI SURI BABU, S/O. PARADES NAIDU, AGED 47 YEARS, MALE, R/O.D.NO. 14-14-28/5/3, BAPUJI COLONY, REVENUE WARD NO.15, VISAKHAPATNAM - 530 005. 2. ADARI PARADESI NAIDU,, S/O. SURYANARAYANA, AGED ABOUT 70 YEARS, MALE, R/O.D.NO.14-14-28/5/3, BAPUJ COLONY, REVENUE WARD NO. 15, VISAKHAPATNAM - 530 005. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHL, GUNTUR DISTRICT, ANDHRA PRADESH - 522 241 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM - 530 001. 3. THE ZONAL COMMISSIONER, ZONE-VI, GAJUWAKA, 2 VS,J W.P.NO.36655 OF 2025 GVMC VISHAKHAPATNAM - 530 026. 4. THE MANDAL TAHSLLDAR, PEDAGANTLYADA MANDAL, VISAKHAPATNAM DISTRICT - 530 044. ...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 topleased to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, action of the respondent Nos.2 to 4 and their subordinates in threatening to dispossess the petitioners from their respective holdings and houses in an extent of 130 sq.yards and 150 sq.yards together with ACC Sheet residences within the compound wall bearing D.No. 14-14-28/5/3, Bapuji Colony, Revenue Ward No. 15, Visakhapatnam District inspite of pendency of applications for regularization vide application Nos.VZGI001-50-82913, dated 14.05.2017, VAGI001-50-85392, dated 18.06.2018 without following due process of law as illegal, irregular, arbitrary, violation of the provisions of the Municipal Corporation Act, 1955 and Rules there under and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the respondents not to interfere from their respective holdings and houses in an extent of 130 sq.yards and 150 sq.yards together with ACC Sheet residences bearing D.No.14-14-28/5/3, Bapuji Colony, Revenue Ward No. 15, Visakhapatnam District and pass IA 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 Pleased to direct the Respondent Nos.3 and 4 and their subordinates not to interfere with from their respective holdings and houses in an extent of 130 sq.yards and 150 sq.yards together with ACC Sheet residences within the compound wall bearing D.No.14-14- 3 VS,J W.P.NO.36655 OF 2025 28/5/3, Bapuji Colony, Revenue Ward No. 15, Visakhapatnam District without following due process of law pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 VS,J W.P.NO.36655 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, action of the respondent Nos.2 to 4 and their subordinates in threatening to dispossess the petitioners from their respective holdings and houses in an extent of 130 sq.yards and 150 sq.yards together with ACC Sheet residences within the compound wall bearing D.No. 14-14- 28/5/3, Bapuji Colony, Revenue Ward No.15, Visakhapatnam District inspite of pendency of applications for regularization vide application Nos.VZGI001-50-82913, dated 14.05.2017, VAGI001-50-85392, dated 18.06.2018 without following due process of law as illegal, irregular, arbitrary, violation of the provisions of the Municipal Corporation Act, 1955 and Rules there under and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the respondents not to interfere from their respective holdings and houses in an extent of 130 sq.yards and 150 sq.yards together with ACC Sheet residences bearing D.No.14-14-28/5/3, Bapuji Colony, Revenue Ward No. 15, Visakhapatnam District...” 2. The 2nd petitioner is the father of the 1st petitioner, who occupied to an extent of 130 & 150 Sq.yards some decades ago and constructed houses with ACC roof sheds, compound wall and started residing their by paying municipal tax as well as electricity bills. 3. While the matter stood thus, all a sudden, after change of the Government, the respondents started troubling the petitioners 5 VS,J W.P.NO.36655 OF 2025 and trying to dispossess them without following due process of law. During the said course, the sub-ordinates of the respondent Nos.3 & 4 have visited the petitioner’s properties on 19.12.2025 and instructed them to vacate the same, without following due process of law. Challenging which, the present writ petition is filed. 4. Heard learned counsel for the petitioners and Mr.A.S.C.Bose, learned Standing Counsel for respondent Nos.2 & 3. 5. Learned Standing Counsel have furnished a copy of instructions from the Assistant City Planner, Zone-VI, GVMC dated 05.01.2026, wherein it is stated that the respondent- Corporation has not interfered with the petitioner’s possession over the subject property and that, if at all any action is warranted against the petitioner’s possession, they will follow due process of law. 6. Recording the same, the writ petition is disposed of by directing the respondents not to interfere with the petitioner’s peaceful possession over the schedule property without following due process of law. No costs. 6 VS,J W.P.NO.36655 OF 2025 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 05.01.2026 LSP