Gundapu Suryanarayana, v. The State of Andhra Pradesh,
WP/14936/2026 · 2026-05-27
Tuhin Kumar Gedela
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2742 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2742 (AP) · dailylaw.ai ]
Judgment text
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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE: Writ Petition No.14936 of 2026 PROCEEDING SHEET Sl. No. DATE
ORDER OFFICE NOTE
01. 28.05.2026 GTK,J
Heard Mr. M.Sapthagiri, 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.
This Writ Petition is moved by the petitioner ventilating his grievance that the respondents, particularly respondents 3 to 5, are interfering with the scheduled property of the petitioner in Survey No.345/2 without issuing any notice and without following due process of law, thereby infringing the very Article 300-A of the Constitution of India.
To a straight query of this Court to substantiate the arguments through the pleadings made in the affidavit, learned counsel for the petitioner would draw the attention of this Court to paragraph 3 of the affidavit, where it is categorically stated that the subject land is Zeroyati Patta land in Gram Panchayat and in occupation through the registered documents and registered Sale Deed vide Document No.12711966 of Book-1 of Sub-Registrar office, Chirala. Since then, the petitioner is in possession of the property.
Learned counsel for the petitioner would
2 submit that the subject property is an absolute private property and not a Government land nor any assigned land and it is free from all encumbrances and, in such circumstances, the 3rd respondent cannot interfere with the said property and dehors the same, the respondents threatened the petitioner to demolish the said portion of the house, particularly on 22.05.2026, without any authority of law.
This Court, upon anxious consideration of the
facts pleaded and the law regarding the property, which is now no more res integra as indicated and underscored by the Hon’ble Supreme Court 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.
In view of the foregoing established law, the respondents are directed not to interfere with the peaceful possession and enjoyment of the property situated in main road of salmon center in Sy.No.345/2, till the next date of hearing.
List the matter after Summer Vacation, 2026.
______
GTK,J
BSK
1 (2020) 2 SCC 569