Hafeezpet Land Not of Government: Telangana HC

A two judge bench of Telangana High Court dismissed a batch of writ appeals filed by state government and Hindustan Aeronautical Employees Cooperative Housing Society Limited questioning the order of a single judge directing mutation of over 24 acres of land in Hafizpet in favour of a writ petitioner.

The bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar was dealing with two writ appeals challenging orders in writ petitions filed by Vediri Estates Private Limited and others. The petitioner purchased the land in 2005. The mutation request was allowed by tahsildar in 2005 but set aside by the revisional authority in 2007. A writ petition was preferred and the court set aside the order of joint collector and remanded it back for fresh adjudication. 

Though mutation was allowed, it was not implemented and the petitioner filed a writ petition to incorporate their names, which was allowed by the single judge. The cooperative society and



the government preferred appeals.

The Additional Advocate General argued that neither the petitioner nor his vendor had any title as the land in question belonged to the government. Counsel for the writ petitioner argued that the mutation proceedings granted in their favour in 2009 were not challenged, hence no intervention was needed. Counsel for the implead petitioner, the housing society, argued that the society was a prior purchaser through sale deeds executed in 1981 and 1982.

The court directed that the nature of land purchased by petitioner should be deleted as government land. The court observed that mere entry in revenue records does not confer title, and the court cannot go into the question of dispute of title. It granted liberty to the housing society to avail alternative remedies and directed that entries in favour of the petitioner are subject to the outcome of appeal pending in the Supreme Court.