Dismissed¶32

K. Sudershan Rao, Hyderabad and 2 Others v. Prl Secy, Revenue Dept, Hyderabad and 4 Others

Telangana HC3 Sept 2025WP/3753/2015

Case brief

AI extract

What is this about?

Infructuous dismissal of writ petition at the instance of petitioners' own counsel; Article 226 mandamus against survey proceedings dated 9-2-2015 (File No.A4l125912014) of the Survey & Settlement Department, Mahaboobnagar; Kethireddypally village, Balanagar Mandal; Section 151 CPC application WPMP No.4965 of 2015; no order as to costs; pending miscellaneous petitions closed; Justice K. Sarath; decided 03-09-2025; no merits decided, no cases cited.

What did the court decide?

Recording the submission of learned counsel for the petitioners that no further orders were necessary and that the cause in the writ petition did not survive, the writ petition was dismissed as infructuous, with no order as to costs. ¶32

K. Sudershan Rao, Hyderabad and 2 Others Vs Prl… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the survey proceedings issued by the 3rd respondent in file No.A4l125912014 dated 9-2-2015 were illegal, arbitrary or unconstitutional, and whether the survey ought to be confined to survey numbers 15, 16 and 17 on the east side of the railway track at Kethireddypally village, Balanagar Mandal, Mahaboobnagar District. (Issue as raised in the petition; the Court ultimately decided no issue on merits.)

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Ratio / Principle

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Key takeaways

As a sequel to the dismissal, miscellaneous petitions, if any, pending in the writ petition were directed to stand closed.ratio¶33

Detailed headnote1 paragraphs

Writ Petition No.3753 of 2015 (High Court for the State of Telangana at Hyderabad, K. Sarath J., 3 September 2025): The petitioners had challenged survey proceedings stated to have been issued by the 3rd respondent (Deputy Inspector of Surveys, Survey & Settlement Department, Mahaboobnagar) in file No.A4l125912014 dated 9-2-2015 relating to Kethireddypally village, Balanagar Mandal, Mahaboobnagar District, and sought a writ of mandamus declaring those proceedings illegal, arbitrary and unconstitutional and confining the survey to survey numbers 15, 16 and 17 east of the railway track; an interlocutory application under Section 151 CPC (WPMP No.4965 of 2015) sought restraint on interference with the survey of specified holdings. At hearing, learned counsel for the petitioners submitted that no further orders were necessary and that the cause in the writ petition did not survive, rendering it infructuous. Recording that submission, the Court dismissed the writ petition as infructuous, made no order as to costs, and closed all pending miscellaneous petitions. No question was decided on merits and no precedent was cited or considered.

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[³³⁰² ]

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

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WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 3753 OF 2015

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Between:

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K. Sudershan Rao, S/o Late Kodanda Rama Rao Aged S3Years, Occ Doctor Rl/o H.No.16-10-1/1, Race Course Road, Municipal Colony, Malakpet, Hyderabad - 500 036.

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D. Masaiah, S/o Papaiah, Aged 50 years, Occ Agriculture, Rt/o Kethireddypally, BalanagarMandal, Mahaboobnagar District, Telangana.

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M. Parvathamma, WoAnjaneyulu, Aged 45 years, Occ Agriculture, Rl/o Kethireddypally, BalanagarMandal, Mahaboobnagar District, Telangana.

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...PETITIONERS

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AND

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

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2 The Assistant Director of Surveys, Survey & Settlement, Department, Mahaboobnagar Dist. Telangana.

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3 The Deputy lnspector of Surveys, Survey & Settlement, Department, Mahaboobnagar Dist. Telangana.

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4 Bala Krishna, S/o Not Known to the petitioner The Deputy lnspector of Surveys, O/o Survey and Settlement Department, l\rahaboobnagar Dist. Telangana

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5 Chandraiah, S/o Pochaiah, Aged aboutNotknown, Occ Agriculture, Rio Kethireddfpally, BalanagarMandal, Mahaboobnagar District, Telangana.

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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 issue an appropriate writ or direction, more parlicularly a Writ in the nature of Mandamus declaring the proceedings issued by lhe 3rd respondent in file No.A4l125912014 dated 9-2-2015 as illegal, arbitrary and unconstitutional. and Consequently, direct the 3rd respondent to conduct the survey only in respect of survey numbers 15, 16 and^'17 as per map which are in East side of the Railway

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track of Kethireddypally village, Balanagar [Iandal, Ir1; haboobnagar District, Telangana.

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I.A. NO: 2 OF 201S(WPMP. NO: 4965 OF 2015)

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Petition under Section 151 CPC praying that in the ( rcumstances stated in the affidavit filed in support of the petition, the High C()r rt may be pleased to direction the 3rd respondents not to interfere and condL r t survey in respect of survey numoers 6/4, 7/A, 8/A, 9/A, 1OlA, 111A, 121A, 691A1, 1861A, 1871A, 188/A, 189/A, 190/A, 191/A, 192tA, 196tE,197/A, 198/A, ?.. 1tA,222tE1 &296tA2 totalling 4c.22.O guntas of la petitioner, survey numbers ;, 6/1 & 30/u totalling Ac.9.16 guntas of 2nd petitioner and survey numbers 6/E I 1 totalling to Ac.1.12 guntas of 3rd petitioner of Kethireddypally villarl , BalanagarMandal, lVahaboobnagar District, Telangana.

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Counsel for the Petitioner : SRI RAJAGOPALLAVAN TAY I

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Counsel for the Respondents No.1to3 : ASST. GP FOR R: /ENUE

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Counsel for the Respondents No.4&5 i

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The Court made the following: ORDER

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THE HON'BLE SRI JI'STICE K.SARATH

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WRIT PETITION No.3753 of 20t5

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ORDER:

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Learned Counsel appearing for the petitioners submits that no further orders are necessary in this matter and the cause in the Writ petition does not surwive and thereby, the Writ petition has become inlructuous.

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