APHC010302122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT : THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.15674 OF 2026 Between: 1. PAKALAPATI A J R S TIRUPATHI RAJU,, AGED 43 YEARS, S/O. PAKALAPATI VIJAYA RAMARAJU, H.NO. 7- 43, PRASANTHI NAGAR, NEAR BUS STOP, PENDURTHI, WARD-71, VISAKHAPATNAM, ANDHRA PRADESH - 53117 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522237 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM.531173 3. THE ZONAL COMMISSIONER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM DISTRICT.531173 4. ASSISTANT CITY PLANNER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM.531173 5. TOWN PLANNING OFFICER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM.531173 6. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.531173 7. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.531173 8. THE TAHSILDAR, PENDURTHI MANDAL, VISAKHAPATNAM.531173 ...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 a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in interfering with the construction work being carried out by the Petitioner on the subject property admeasuring 235 Sq.yds in Sy.No.254, Pendurthi Village, Pendurthi Mandal, Visakhapatnam District, as per the valid building permits No. 1086/1262/B/PDT/EGE/2026 No. 1086/1263/B/PDT/EGE/2026, both dated 03.06.2026, and threatening to dispossess the Petitioner without due process of law, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300A of the Constitution 2 of India, and consequently direct the Respondents not to interfere with the Petitioners peaceful possession, enjoyment, and construction activity over the subject property 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 direct the Respondents, their subordinates, and agents not to interfere in any manner with the construction activity being carried out by the Petitioner in the subject property and not to dispossess the Petitioner therefrom, and pass such Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.15674 OF 2026 ORDER: 1. Learned counsel for the petitioner submits that the petitioner purchased a plot admeasuring 235 square yards under two separate registered sale deeds. It is submitted that the revenue authorities have also recognized and determined possession over the said extent of 235 square yards in proceedings initiated at the instance of the petitioner's vendor’s vendor. Having purchased the property through registered sale deeds, the petitioner intended to construct a residential house and accordingly applied for building permission before the 2nd respondent. 2. It is further submitted that the 2nd respondent granted building permission on 03.06.2026 for construction of a Ground + 2 floors residential building. The petitioner is in the process of commencing construction. However, the respondent Nos.2 to 8 are interfering with the proposed construction activity and are sending their men to the property and are threatening the petitioner with dispossession from the said property. 3. Sri A.S.C. Bose, learned Standing Counsel appearing for respondent Nos.2 to 5, on oral instructions, submits that the petitioner has not yet commenced construction pursuant to the permission granted on 03.06.2026. It is submitted that the 2nd respondent is empowered to conduct field verification of the land based on the online application submitted by the petitioner and, in the event any deficiencies are 4 noticed in the documents furnished by the petitioner, the same would be communicated to the petitioner for rectification in accordance with law. 4. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader appearing for respondent Nos.1 and 6 to 8, and the learned Standing Counsel appearing for respondent Nos.2 to 5. Perused the material available on record. 5. Having regard to the submissions made and the facts and circumstances of the case, this Court is of the view that the writ petition can be disposed off at the admission stage by directing the respondent authorities to strictly follow due process of law before taking any action affecting the petitioner's property. Needless to mention the respondents shall not interfere with the petitioner's possession and enjoyment of the said property without issuing notice and following the procedure prescribed under law. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Note : Issue CC today B/o.KGM 5 40 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.15674 OF 2026 Dated 17.06.2026 CC by 17.06.2026 KGM