Vakada Appa Rao Vs the State of Andhra Pradesh

VAKADA APPA RAO, S/O. APPANNA, MALE, AGE 55 YEARS, R/O. D.NO.15-147/3, PINAMADAKA VILLAGE, VADLAPUDI MANDAL, VISAKHAPATNAM URBAN, VISAKHAPATNAM-530011.

¶12

...PETITIONER

¶13

AND

¶14

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522503.

¶15

THE GREATER VISAKHA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM-530005.

¶16

THE ZONAL COMMISSIONER, AGANAMPUDI ZONE, GREATER VISAKHA MUNICIPAL CORPORATION, VISAKHAPATNAM-530046.

¶17

THE ASSISTANT ENGINEER, APEPDCL, AGANAMPUDI, GAJUWAKA, VISAKHAPATNAM DISTRICT.

¶18

MOLLI RAMANAMMA, W/O. APPA RAO, AGE 60 YEARS, D.NO. 15151, REVENUE WARD NO. 56, RH COLONY, SECTOR NO.1, AGANAMPUDI VILLAGE, GAJUWAKA, VISHAKAPATNAM - 530053

¶19

MOLLI VENKATA RAO, S/O. APPA RAO, AGE 60 YEARS, D.NO. 15-

¶20

2

¶21

151, REVENUE WARD NO. 56, RH COLONY, SECTOR NO.1, AGANAMPUDI VILLAGE, GAJUWAKA, VISHAKAPATNAM - 530053

¶22

...RESPONDENT(S):

¶23

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 to issue a writ, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos.2 and 3 in not taking action against the unofficial respondents for cancellation of building permit order vide NO.1086/0709/B/Z6/ALD/2025, dated J,T.05.2025 for the Joint Family Property for an extent of 107 Sq. Yards, RS.No.205/2 of Pinamadaka Village, Plot No. 853 of RH Colony, Aganampudi, inspite of report of Tahsildar to cancel the Family Member Certificate issued in favour of 5th Respondent vide Family Member Certificate No. FAMC011600590295 as illegal, irregular, arbitrary and violative of the provisions of the Municipal Corporation Act and also offends Articles 14, 21 and 300-A of Constitution of India. Consequently cancel the building permit issued in favour of the unofficial respondents vide proceeding NO.1086/0709/B/Z6/ALD/2025, dated 17.05.2025 and pass

¶24

IA NO: 1 OF 2026

¶25

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 to direct the official respondents not to allow any construction, structures, not to provide electricity connection in an extent of 107 Sq. Yards, RS.No.205/2 of Pinamadaka Village, Plot No. 853 of RH Colony, Aganampudi pursuant to the Building permit NO.1086/0709/B/Z6/ALD/2025, Dated 17.05.2025 pending disposal of the main writ petition and pass

¶26

Counsel for the Petitioner:

¶27

1.MANGENA SREE RAMA RAO

¶28

Counsel for the Respondent(S):

¶29

1.GP MUNCIPAL ADMN AND URBAN DEV AP

¶30

The Court made the following:

¶31

3

¶32

Order:-

¶33

The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction on the part of respondent Nos.2 and 3 in stopping the unauthorized construction being carried out by respondent Nos. 5 and 6.

¶34

It is submitted that the petitioner is related to respondent Nos.5 and 6 and that the subject property forms part of the family property over which the petitioner also has a share. It is submitted that the 5^th respondent has wrongfully projected herself as the sole legal heir and obtained a Family Member Certificate from the Tahsildar. It is submitted that, on the complaint submitted by the other legal heirs, the Tahsildar, by proceedings dated 19.06.2026, considered the issue and recommended cancellation of the Family Member Certificate issued in favour of the 5^th respondent.

¶35

It is submitted that the 5^th respondent executed a settlement deed in favour of the 6^th respondent and, on the strength of the said document, respondent Nos.2 and 4 considered the application of the 6^th respondent and granted a building permit. It is submitted that the respondents ought to have taken note of the recommendation for cancellation of the Family Member Certificate and stalled the construction.

¶36

The learned Standing Counsel appearing for respondent Nos.2 and 3 and the learned Standing Counsel appearing for the 4^th respondent, on oral instructions, submit that the grievance of the petitioner can be addressed only

¶37

4

¶38

if the petitioner comes forward by submitting all the relevant documents. In this regard, an endorsement dated 13.05.2026 was issued to the petitioner, and it is open for the petitioner to approach respondent Nos.2 to 4 along with the documents as notified in the endorsement dated 13.05.2026.

¶39

The learned counsel appearing for the petitioner, in reply, submits that the petitioner is willing to submit the documents as called upon vide the endorsement referred to above.

¶40

On these considerations, this writ petition is disposed of at the admission stage, leaving it open for the petitioner to submit the documents as called upon vide the endorsement dated 13.05.2026. Upon such submission, respondent Nos.2 to 4 shall pass appropriate orders, after issuing notices to all concerned, within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

¶41

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

¶42

____________________

¶43

JUSTICE HARINATH.N

¶44

09.07.2026 PNS

¶45

Whether the order is:

¶46