Dismissed¶33

K. Om Prakash v. The State of Telangana

Telangana HC2 Sept 2025WP/26282/2025

Case brief

AI extract

What is this about?

Telangana HC (K. Lakshman J., 02.09.2025) dismisses W.P.26282/2025 seeking mandamus for survey/boundary demarcation of Ac.2-13 gts in Sy.No.412 (Old No.282), Alwal Mandal, Medchal-Malkajgiri District; title claimed via decree in O.S.No.69 of 2018 and ORC Certificate; F-line application No.DER022501165565 dated 23.04.2025 to Tahsildar unactioned; refusal rests on residential character of Alwal with residential and commercial complexes, CCLA guidelines RC/N2/1741/lO dated 18.05.2010, and petitioner's abnormal delay; liberty to seek alternative remedies; no costs; Articles 226, 12, 14, 300A; Section 151 CPC; Telangana Land Revenue Act; Telangana Survey and Boundaries Act, 1923.

What did the court decide?

Dismissal without costs; liberty to the petitioner to pursue alternative remedies available under law. ¶33

K. Om Prakash Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Dismissal without costs; liberty to the petitioner to pursue alternative remedies available under law.

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Issue for consideration

Whether the action of respondent Nos.2 to 5 in not conducting survey and fixing/demarcating the boundaries of the petitioner's land to an extent of Ac.2-13 gts in Sy.No.412 (Old No.282), Alwal Mandal, Medchal-Malkajgiri District, even after submission of F-line application No.DER022501165565 dated 23.04.2025, is illegal/arbitrary and warrants a writ of mandamus directing respondents 2 to 4 to conduct the survey and fix boundaries.

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Court's answer

Accepting the learned Assistant Government Pleader's submission that the subject property lies in Alwal, a residential area containing residential and commercial complexes, where per CCLA guidelines vide RC/N2/1741/lO dated 18.05.2010 conducting survey is not possible, and further considering the abnormal delay on the petitioner's part in submitting the F-line application, the Court held the petitioner is not entitled to the relief sought in the writ petition and that it is liable to be dismissed.

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Ratio / Principle

Accordingly the writ petition was dismissed, with liberty granted to the petitioner to work out the alternative remedies available under law, and with no order as to costs.

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Detailed headnote1 paragraphs

Writ of mandamus refusing survey/demarcation of land in a notified residential area (Alwal, Medchal-Malkajgiri District). Petitioner K. Om Prakash, claiming Ac.2-13 guntas in Sy.No.412 (Old No.282), Alwal Mandal, on the strength of the judgment and decree in O.S.No.69 of 2018 and an ORC Certificate, had submitted F-line application No.DER022501165565 dated 23.04.2025 to the Tahsildar (respondent No.5) seeking survey and boundary fixation; though received and acknowledged, it was not acted upon, prompting W.P. No.26282 of 2025 under Articles 226, 12, 14 and 300A of the Constitution (with an IA under Section 151 CPC praying for consideration of the F-line application under the Telangana Land Revenue Act, 1312 as printed, and the Telangana Survey and Boundaries Act, 1923). The learned Assistant Government Pleader for Revenue submitted that, per CCLA guidelines vide RC/N2/1741/lO dated 18.05.2010, survey cannot be conducted in that residential area containing residential and commercial complexes. Holding the petitioner not entitled to the relief sought — also on account of his abnormal delay in submitting the F-line application — Justice K. Lakshman dismissed the writ petition on 02-09-2025 without costs, granting liberty to pursue alternative remedies available under law. No precedent was cited; the CCLA guideline memo was relied on only through the Government counsel's submission recorded in the oral order.

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[³¹⁶⁸ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 26282 OF 2025

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Between:

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K. Om Prakash, S/o Late Pochaiah, Aged about 63 years, Occ. Businenss, R/o H.No.1-28184, Subashnagar, Alwal Village, tMalkajgiri Mandal, RR District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary Revenue Department, Secretariat Hyderabad.

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2 The Assistant Director, Survey and Land Records, Alwal Mandal, tVledchal lvlalkajgiri District.

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3 The Deputy lnspector of Survey, Survey and Land Records, Alwal [/andal, [/edchal tr/alkajgiri District.

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4 The il/andal Surveyor, Alwal f\Iandal, Medchal lMalkajgiri District.

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5 The Tahsildar, Alwal [Vlandal, tr/edchal Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order or direction or writ, more so in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent Nos.2 to 5 in not conducting survey, fixing and demarcating the boundaries in respect of Petitioners land to an extent of Ac.2-13^gts in Sy.No.412^(Old No.282) situated at Alwal [/andal, tMedchal tt/alkajgiri District, Telangana, even after submitting appropriate application i.e., F-line application bearing Application No.DER022501165565 dated 23.04.2025 as illegal, arbitrary, highhaade-d-andⁱⁿ violation of the principles of natural^justice and Article Nos.12, 14 and 300A of the Constitution of lndia and consequently direct the Respondent No.2 to 4^to conduct the survey and fix boundaries of the land to an extent of Ac.2-13^{gts in} Sy.No.412 (Old No.2B2) situated at Alwal [Vlandal, [Medchal tValkajgiri^District, Telangana

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lA NO: 1 OF 2025

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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 Respondent Nos.2 to 4 to consider the F-line application made by the Petitioner vide Application No.DER02 2501165565 dated 23.o4.2025 pertaining to land to an extent of Ac.2-13 gts in Sy.No.412 (Old No.282) situated at Alwal fVlandal, Medchal Malkajgiri District, Telangana in accordance with the provisions of the Telangana Land Revenue Act, 1312 and the Telangana Survey and Boundaries Act, 1923, and the Rules framed there under

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Counselfor the Petitioner: SRl. S. NAGESH REDDY

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counsel for the Respondents: sRl L. RAVINDER, AGp FoR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI^{JUSTICE K. LAKSHMAN} IIIRIT PETITION No.26282 OF²⁰²⁵

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ORAL ORDER:

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Heard learned counsel for the^{petitioner and the} Mr.L.Ravinder,^{learned AssistantGovernmentPleaderfor} Revenue^{appearingfor the respondents.}

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The petitioner herein is^{claimingthat he isthe} absolute^{ow,ner andpossessor'of land admeasuring} Ac.2- 13^{guntasin Sy.No.412 (Old.No.282lsituated at Alwal} Mandal,^{Medchal-Malkajgiri District. He is claiming right} over the^{property basing on the judgmentand decreein} o.s.No.69^{0f 2018, ORC Certificateetc. He has submitted} F-line application^{bearing No.DER0225O1 165565, dated} 23.O4.2025,^{to respondentNo.5, with a request to conduct} survey and^{demarcate the subject propertybyfixing} boundaries.^{Despite receivingand acknowledgingthe said} F-Line application,^{respondentNo.S did not act upon the} same. Aggrieved^{by the said inaction of respondentNo.S,} the petitioner^{has filed the presentwrit petition.}

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Whereas, learned Assistant^{Government Pleader for} Revenue on instructions '*rottld^{submit that the strbject}

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property is in Alr,val, which is a residential area. There are residential and commercial complexes. As per the guidelines issued by CCLA vide RC/N2/1741/lO, dated 18.05.2010, conducting survey in the said area is not possible.

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In view of the above submission, considering the fact that the subject property is in Alwal, is a residential area and there are residential and commercial complexes and that there is an abnorrnal delay on the part of the petitioner in submitting F-line application, the petitioner is not entitled for the relief sought in the present writ petition and it is liable to be dismissed

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Accordingly, the Writ Petition is dismissed. However, liberty is granted to the petitioner to working alternative remedies available under lar,r,. There shall be no order as to costs.

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

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To,

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SD/. C. DEEPIKA AS STANT REGISTRAR //TRUE COPY/ SECTION OFFICER

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1 One CC to SRl. S. NAGESH^{REDDY,Advocate} I cl 2 Two CCs to GP FOR REVENUE ,High Courl for te of Telangana at Hyderabad [OUT] 3 Two CD Copies BM GJP ftnq.

HIGH COURT

DATED:0210912025

ORDER

WP.No.26282 of 2025

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