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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17874/2026 Between:
1. MUMMANA KANAKA RAO, AGED 62 YEARS, S/O. MUMMANA RAMUNAIDU,H.NO.1-128/1/1,
REVENUE WARD - 70, CHINNAMUSHIDIWADA,
PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT,
SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT1 522238. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER,VISAKHAPATNAM-530020. 3. THE ZONAL COMMISSIONER, ZONAL - VIII, GVMC, VISAKHAPATNAM-530020. 4. ASSISTANT CITY PLANNER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM-530020. -2- HN, J W.P.No.17874_2026
5. TOWN PLANNING OFFICER, ZONE-VIII, GVMC, VISAKHAPATNAM-530020. ...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 Direction, more particularly one in the nature of a Writ of Mandamus Declaring the action of the Respondents No. 2 to 5 in interfering with the Petitioners property and threatening to demolish the building constructed in premises bearing H.No.1-128/1/1, Sy.No.123/1, Ganesh Nagar, Chinnamushidiwada, Visakhapatnam, pursuant to the building permission Permit No. 1086/2974/B/Z8/CDA/2025 dated 06.01.2026, without issuing any notice and without following the due process of law, as being illegal, arbitrary, unjust, and violative of Articles 14, 21 and 300-A of the Constitution of India, and Consequently direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of the said property and not to demolish the same and Pass 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 leased to grant an interim direction restraining the Respondents, their subordinates, agents, or any person claiming through them from taking any coercive steps, including demolition of the building constructed in premises bearing H.No.1-1281111, Sy.No.123/1, Ganesh Nagar Chinnamushidiwada, Visakhapatnam and Pass Counsel for the Petitioner:
1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
-3- HN, J W.P.No.17874_2026 ORDER:
1. The petitioner is aggrieved by the action of respondents in trying to interfere with the construction activity and holding out a threat of demolition at the behest of some vested third-party interests.
It is submitted that the petitioner is a bona fide owner and possessor of the property and has obtained the requisite permission for constructing of the building from the competent respondent authorities. It is submitted that the petitioner is carrying out the construction strictly in accordance with the sanctioned plan. It is further submitted that the petitioner has also executed a gift deed in respect of land admeasuring an extent of 79.23 square meters, which was earmarked for the purpose of road widening under the proposed Master Plan. It is submitted that, at the behest of some third parties, respondent Nos.2 to 5 are sending their men, who are trying to interfere with the construction activity and are also holding out a threat of demolition. 2. The learned Standing counsel appearing for respondent Nos.2 to 5, on oral instructions, submits that there is no interference with the construction activity of the petitioner and that any action by the respondents shall be strictly in accordance with law. 3. Recording the submissions, the present writ petition is disposed off, directing the respondents not to interfere with the construction,
-4- HN, J W.P.No.17874_2026 possession, or enjoyment of the petitioner’s property without following due process of law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:03.07.2026 Note: Issue CC by today i.e., 03.07.2026 NKA
Whether the order is: Speaking YES/NO / Recorded YES/NO Reportable YES/NO / Non-Reportable YES/NO
-5- HN, J W.P.No.17874_2026 13 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 17874 of 2026 Date: 03.07.2026
NKA