HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MAIN CASE: Writ Petition No.14941 of 2026 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 01. 28.05.2026 GTK,J Heard Mr. M.K.Raj Kumar, learned counsel for the petitioner and Ms. J.Kavitha, learned counsel representing Mr. M.Sudhir, learned Standing Counsel for Gram Panchayat appearing for respondent No.5. The Writ Petition is filed seeking a Writ of Mandamus against respondents 3 to 5 in interfering with the peaceful possession and enjoyment of the petitioner’s house bearing Door No.7-92, admeasuring 81 Sq.feet in Survey No.734/1, situated at Ward No.8 of Chandaluru Village, J.Pangaluru Mandal, Prakasam District. Learned counsel for the petitioner, Mr. M.K.Raj Kumar, would contend that the petitioner is the absolute owner of the house bearing Door No.7-92, admeasuring 81 Sq.feet in Survey No.734/1 situated at Ward No.8 of Chandaluru Village, J.Pangaluru Mandal, Prakasam District, and the said property was acquired through a registered Family Partition Deed dated 09.02.2022, vide Document No.352 of 2022. Learned counsel would further submit that since the date of the document, the petitioner is in 2 peaceful possession of the property and at paragraph 6 of the affidavit, he would reiterate that the 6th respondent in the present Writ Petition moved the Court below by filing O.S.No.133 of 2020 on the file of Principal Junior Civil Judge, Addanki, Prakasam District, seeking a mandatory injunction directing the respondents therein to remove the illegal structures, and the said suit is pending adjudication. Learned counsel further asserts that the petitioner is the 2nd defendant in the said suit and marked his appearance and contesting the same. Despite filing the suit when there was interference by the respondents herein, the petitioner moved this Court by filing W.P.No.30491 of 2025 and the said Writ Petition is pending. Learned counsel, Mr. M.K.Raj Kumar, would submit that all precautionary measures were taken by the official respondents, particularly by the 4th respondent in issuing/registering bound-over case on 25.01.2026. When this being the position, the official respondents, being aware of the said facts, started interfering by coming to the house of the petitioner and, recently on 20.05.2026, threatened with dire consequences that they will demolish the house with the assistance of the 4th respondent. The petitioner apprehends that this action of the official respondents is particularly done with the active 3 connivance of the unofficial respondents herein and since having no other alternative, moved this Court and filed this Writ Petition. This Court, after hearing both the parties and verifying the contents in the affidavit, finds that Writ Petition No.30491 of 2025 is already pending and as the cause of action is now continuous by the respondents, this Writ Petition came to be filed. But prima facie when the petitioner has placed on record that the property which he owns through the registered partition deed, which is admittedly annexed to the Writ Petition, any interference would attract Right to Property under Article 300A of the Constitution of India, which is no more res integra and this right is now considered as Constitutional Right and as a Human Right, as entailed in Vidya Devi vs. State of Himachal Pradesh and others1, where it is postulated that any forceable dispossession of the citizen from the property which he owns will amounts to infringing of Article 300A of the Constitution of India and thereby violative of Article 21 of the Constitution of India, which is now recognized as Human Right. Given to the above legal position which is well settled and underscored, there shall be a direction to the respondents not to interfere with the petitioner’s house bearing Door No.7-92, an extent of 81 Sq.feet in Sy.No.734/1 situated at Ward No.8 1 (2020) 2 SCC 569 4 of Chandaluru Village, J.Pangaluru Mandal, Prakasam District, till the next date of hearing. List the matter after Summer Vacation, 2026, along with W.P.No.30491 of 2025. ______ GTK,J BSK