✦ High Court of India · 08 Dec 2025

The High Court · 2025

Case Details High Court of India · 08 Dec 2025
Court
High Court of India
Decided
08 Dec 2025
Bench
Not available
Length
1,243 words

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. Counsel for the Petitioners: SRI BALA MURALI Y Counsel for the Respondents Nos.1 to 3: AGP FOR HOME Counsel for the Respondent No.4: - - - - The Court made the following: ORDER ,, .' . . fi-, ti: j .: I :.: :-i i;.!aa;*ii. i l I I t I a f t' i i I I I I I I I i I I i I i I i I ', IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT N No.3 of 2025 DATE OF ORDER:

12.2025 Between: Smt. Katukuri Kamalamma and one other. AND state of Telangana, Home Department, secretariat, Hyderabad and three Petitioners others. ORDER: ...Respondents 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.

2. This writ petition has been filed seeking the following prayer: "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 t 2 consequently direct the respondents 2 and 3 not to interfere uith the peaceful possession and enjoyment of petitioners house site/thatched but admeasuing 333 sq yards in Sy No.L3l1 situated at Ambedkar Nagar, Nanda Thanda (GP) Chunchupally Mandal, Bhadradri Kothagudem Dislrict."

3. 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.

4. 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 co- operating witl'r the pending investigation in FIR No.184 of 2025 dated

08.11.2025, had filed this writ petition.

5. 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 \\ tt i 3 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 investigation in FIR No.1g 4 of 2}2sdared 0g.11.2025.

6. With the above directiory this writ petition ts disposed of Miscellaneous apprications, if any pending, shail stand crosed. No order as to costs. .|" I I I , I I t I I I i I //TRUE COPY// SD/.M. JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER . To, ' .' 1n The Principar Secretary, Home Department, Dr. B.R. AmbedkarTerangana "':' ,. gecretariat Hyderabad. 2. The superintendent of potice, Bhadradri Kothagudem District. 3. The station Hglrgq officer, chunchupaily porice station, Bhadradri ..... Kothagudem District

4. One CC to SRt BALA MURAL|.Y, Advocate tOpUCI 5' Two CCs to g?.r-oR HOME, High court for the state of rerangana at Hyderabad . [OUT]

6. Two CD Copies PMK BS HIGH COURT DATED:08/1 212025 . i t It i ORDER WP.No.37259 of 2A25 a'. THE S 0 3 1,4P i) * DISPOSING OF THE WRIT PETITION WITHOLIT GOSTS q +

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