WP/27692/2026 of KANCHUMARTHI SRI RAMULU Vs THE STATE OF ANDHRA PRADESH on 24 September 2026

1. KANCHUMARTHI SRI RAMULU, S/O. LATE KANCHUMARTHI APPA RAO, AGED ABOUT 55 YEARS, R/O, DOOR NO. 2-220/2, INDIRA NAGAR, OLD DAIRY FARM, CHINAGADILI, VISAKHAPATNAM- 530040, ANDHRA PRADESH.

2. SRI KANCHUMARTHI KRISHNA,, S/O. LATE KANCHUMARTHI APPA RAO, AGED ABOUT 48 YEARS, R/O, DOOR NO. 2-220/2, INDIRA NAGAR, OLD DAIRY FARM, CHINAGADILI, VISAKHAPATNAM- 530040, ANDHRA PRADESH.

3. SMT. REILI PYDIRAJU,, W/O. SRI REILI RAMBABU, AGED ABOUT 48 YEARS, R/O, DOOR NO. 2-220/2, INDIRA NAGAR, OLD DAIRY FARM, CHINAGADILI, VISAKHAPATNAM - 530 040, ANDHRA PRADESH.

4. SRI GOLLAMALA PYDI RAJU,, S/O, LATE GOLLAMALA APPA RAO, AGED ABOUT 44 YEARS, R/O, DOOR NO. 2-220/2, INDIRA NAGAR, OLD DAIRY FARM, CHINAGADILI, VISAKHAPATNAM-530040, ANDHRA PRADESH.

...PETITIONER(S) AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,

MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS,

VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238.

2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION

GVMC, REP. BY ITS COMMISSIONER, TENNETI BHAVAN, NEAR RAM NAGAR, MUNICIPAL

COMPLEX MAIN OFFICE, VISAKHAPATNAM-530002.

3. THE TOWN PLANNING OFFICER, ZONE-III, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM- 530002.

...RESPONDENT(S): Counsel for the Petitioner(S):

1. V SAI KUMAR Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order:

Heard Sri V.Sai Kumar, learned counsel for the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Sri ASC Bose, learned Standing Counsel for Municipal Corporation appearing for respondent Nos.2 &

3. With the consent of both the learned counsel, the Writ Petition is disposed of at the stage of admission.

2. The grievance of the petitioners in the instant Writ Petition is against the action of the respondents in issuing the Provisional Order dated 29.05.2026 and the consequential Confirmation Order dated 10.06.2026 by respondent No.3, without serving the same upon the petitioners.

3. It is contended that the said notices were never served upon the petitioners and that the same were served upon the builder. Therefore, the petitioners had no knowledge about the impugned orders being passed. Hence, the instant Writ Petition.

4. It is contended by the learned counsel that the impugned coercive action of the respondents without affording an opportunity to the petitioner to submit his objections is not only contrary to the provisions of Municipal Corporations Act, 1955 and is also in gross violation of the principles of natural justice.

5. A perusal of the impugned proceedings would reflect that the same appear to have been addressed to the petitioners. However, it is contended by the petitioners that the same were served upon the builder.

6. Though the said fact is disputed by the learned Standing Counsel appearing for the respondents, no material is placed before the Court refuting the claim of the petitioners. Having regard to the facts and circumstances, this Court is of the view that the petitioners were not provided sufficient opportunity to raise their objections to the Provisional Order and the Confirmation Order.

7. Having regard to the same, this Court deems it appropriate to dispose of the Writ Petition by granting liberty to the petitioners to file their objections to the Provisional Order dated 29.05.2026 within a period of four weeks from the date of receipt of a copy of this order.

8. Upon filing of such objections, the respondent-Corporation is directed to pass final orders within a period of four weeks thereafter, after affording due opportunity of hearing to the petitioners.

9. Till such time, the respondents are directed not to take any coercive measures against the petitioners.

10. In the light of the foregoing, the impugned order dated 10.06.2026 is set aside.

11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 25.09.2026 BSK

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 27692 OF 2026

Date: 25.09.2026 BSK