Katukuri Kamalamma Vs The State of Telangana

Katukuri Kamalamma, W/o Late Venkateswarlu, Aged about 62 years, Occ: Household, R/o Ambedkar Nagar, Nanda Thanda, (GP) Chunchupally, Bhadradri Kothagudem.

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Katukuri Vijaya Kumari, D/o Late Venkateswarlu, Aged about 41years, Physically Handicapped R/o Ambedkar Nagar, Nanda Thanda, (GP) Chunchupally, Bhadradri Kothagudem.

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PETITIONERS

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AND

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The State of Telangana, Rep by its Principal Secretary, Home Department, Dr. B.R. Ambedkar Telangana Secretariat Hyderabad.

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The Superintendent of Police, Bhadradri Kothagudem District.

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The Station House Officer, Chunchupally Police Station, Bhadradri Kothagudem District

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Gumpenapalli Venakeswarlu, S/o Pysaiah, Aged about 42 years, Occ: Business, R/o Nanda Thanda, Chunchupalli Mandal, Bhadradri Kothagudem District.

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...RESPONDENTS

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Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue, writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of the respondents 2 & 3 especially the 3rd respondent in interfering with the peaceful possession and enjoyment in respect of house site/thatched but admeasuring 333 sq. yards in Sy.No.13711, situated at Ambedkar Nagar, Nanda Thanda (GP) Chunchupally Mandal, Bhadradri Kothagudem District belongs to the petitioners basing on the orders passed in WP No.22508 of 2023 dt.05-01 -2024 in respect of property admeasuring 350 sq.

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yards in Sy.ltlos.33711 and 338/4, situated at Nanda Thanda Gram Panchayat, Housing Board Colony, Chunchupalli ttlandal, Bhadradri Kothagudem District is illegal, arbitrary, unjust, unreasonable and against the principles of natural^justice and further declare the action of the 3rd respondent in threatening the^petitioners to settle the issue with the 4th respondent by making phone calls to vacate the house site/thatched but admeasuring 333 sq. yards in Sy.No.13711, situated at Ambedkar lJagar, Nanda Thanda (GP) Chunchupally Mandal, Bhadradri Kothagudem District belongs to the^petitioners is also illegal, arbitrary and against the principles of natural^justice and consequently direct the respondents 2 & 3 not to interfere rvith the peaceful possession and enjoyment of^petitioners house site/thatched but admeasuring 333 sq. yards in Sy.No.137l1, situated at Ambedkar I'lagar, Nanda Thanda (GP) Chunchupally Mandal, Bhadradri Kothagudem District in the interest of^justice and equity

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lA NO: 1 OF',r-O25

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit^f iled in support of the^petition, the High Court may be^pleased to direct the respondents 2 and 3 not to interfere with the peaceful possession and enjoyment of petitioners house site/thatched but admeasuring 333 sq. yards in Sy.No.137l1, situated at Ambedkar Nagar, Nanda Thanda (GP) Chunchupally Mandal, BhaCradri Kothagudem District in the interest of^justice and equity, pending disposal of the main writ petition.

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Counsel for the Petitioners: SRI BALA MURALI Y

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Counsel for the Respondents Nos.1 to 3: AGP FOR HOME

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Counsel for the Respondent No.4: - -^- -

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

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HYDERABAD

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR

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WRIT N No.3 of 2025

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DATE OF ORDER: 12.2025

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Between:

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Smt. Katukuri Kamalamma and one other.

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Petitioners

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AND

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state of Telangana, Home Department, secretariat, Hyderabad and three others.

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...Respondents

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondent Nos.L to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

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This writ petition has been filed seeking the following prayer:

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"to declare the action of the respondents 2 and 3 especially 3,d respondent in interfering ruith the penceful possession and enjoyment in respect of house site/thatched but admeasuring 333 sq.yards, in Sy No.137fl, situated at Ambedknr Nagar, Nnnda Thandn (Gooernment Pleader) Clrunchupally Mandal, Bltadradri Kothagudem District, belongs to the petitioners basing on the orders passed in tNp N0.22s08 of 2023 dt 05.0L.2024 in respect of property admeasuring 350 sq yards in Sy Nos.337/7 nnd 338/4, situated at Nanda Thandn Grant Pnnchayat, Housing Board Colony, Chunclrupalli Mnndal, Bhadradri Kothagudem District is illegal, arbitrary unjust, unreasonable and against the principles of natural justice and further declare the action of tlrc 3"1respondent in threatening the petitioners to settle the issue with the 4th respondent by making phone calls to oacate the house site/thatchedbut admeasuring 333 sq.yards in sy No.L37f7, situated at Ambedkar Nagar, Nanda Thanda GP Chunchupally Mandal, Bhndradri Kothagudem District, belongs to the petitioners is also illegal, arbitrary and agninst the principles of natur{justice and

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consequently direct the respondents^{2 and 3 not to interfereuith the} peaceful possession and enjoyment^{of petitionershousesite/thatched but} admeasuing 333 sq yards in Sy No.L3l1^{situated at AmbedkarNagar,} Nanda Thanda^(GP) Chunchupally^{Mandal, BhadradriKothagudem} Dislrict."

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Tht: learned Assistant Government Pleader for Home appearing for respondent Nos.L to 3, placed on record instructions issued by Sub-Inspector of Police, Chunchupally Police Station, Bhadradri Kothagudem Distirct, wherein it is submitted that respondent No.4 on 08.11.2025, lodged a complaint before respondent No.3 against petitioners and others. On such complaint FIR No.184 of 2025 dated 08.11,.2025 was registered under Sections 329(2), 321i(4), 296(b), 351(2) read with 3(5) BNS and the petitioners were arrayed as accused Nos.2 and 3. It is further submitted that the case in under investigation and after completion of investigation, appropriate report will be filed before the competent Court.

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Lea.:ned Assistant Government Pleader for I{ome subrnits that except conductinl; investigatiory respondent No.3 .neither interfered in the civil dispute nor disturbed the petitioners' possession and enjoyment over the subject property. It is further submitted that the petitioners instead of cooperating witl'r the pending investigation in FIR No.184 of 2025 dated 08.11.2025, had filed this writ petition.

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Recrtrding the submissions made by learned counsel appearing on either side, without expressing any opinion on the merits of the case antl since the investil;ation is pending in FIR No.184 of 2025 dated 08.T1,.2025, this Court deems it aPPropriate to dispose of the writ petition directing respondent

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authorities to follow due procedure as contemplated under law for further course of action' It is made clear that the petitioners shall co-operate with the

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investigation in FIR No.1g 4 of 2}2sdared 0g.11.2025.

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