THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT APPEAL Nos.579 of 2016 AND 1013 of 2023

COMMON JUDGMENT:

(Per the Hon’ble the Chief Justice Alok Aradhe)

The writ appeal, namely W.A.No.579 of 2016 has been filed by the State of Telangana, whereas writ appeal No.1013 of 2023 has been filed by Hindustan Aeronautical Employees Cooperative Housing Society Limited (hereinafter referred to as ‘Cooperative Society’). Both the appeals emanate from an order dated 17.03.2016 passed by the learned Single Judge in W.P.No.15056 of 2014 and were, therefore, heard together and are being decided by this common judgment.

2. The respondent No.1 (hereinafter referred to as ‘the writ petitioner’) purchased vide registered sale deed dated 10.06.2005, land measuring Acs.24.35 guntas of survey No.77 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District (hereinafter referred to as ‘the subject land’). The writ petitioner, thereafter, filed an application seeking mutation of its name in the revenue records. The aforesaid application was allowed by Tahsildar by an order dated 14.11.2005.

3. The aforesaid order of mutation was assailed in revisional jurisdiction under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The revisional authority by an order dated 06.02.2007 set aside the order of mutation in favour of the writ petitioner. The writ petitioner thereupon challenged the order dated 06.02.2007 passed by the revisional authority in a writ petition, namely W.P.No.10074 of 2008, which was allowed by an order dated 15.12.2008 and the order dated 06.02.2007 passed by the revisional authority, namely the Joint Collector-II, Ranga Reddy District was set aside and the matter was remitted to the authority to pass an order afresh.

4. After the remand, the revisional authority, namely the Joint Collector, Ranga Reddy District on 06.05.2009 passed the order granting mutation in favour of the writ petitioner and directing the Tahsildar to implement the same. The aforesaid order was not complied with. Thereupon, the writ petitioner filed writ petition No.15056 of 2014, in which the following prayer was made:

Petition under Article 226 of the Constitution of India praying that in the circumstances in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ directing the respondents to act in accordance with law and incorporate the name of the petitioner as the owner and possessor of the land admeasuring Ac.24.35 guntas in Sy.No.77 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District in all the revenue records including the pahanies by deleting the present entry “government land” in consonance with the mutation order passed by the 3^rd respondent in Proc. No.B/965/2004, dated 14.11.2005 in recognition and reflection of the title and right of the petitioner over the said land and grant such other relief as it deems fit in the circumstances of the case.

5. Learned Single Judge by an order dated 17.03.2016 allowed the writ petition and directed the respondents therein to incorporate the name of the writ petitioner as owner and in possession of the subject land in all revenue records including the Pahanies by deleting the entry “government land”. Being aggrieved by the aforesaid order, the State Government has preferred an intra-Court appeal, namely W.A.No.579 of 2016. The Cooperative Society has filed an application for impleadment in W.P.No.15056 of 2014 preferred by the writ petitioner and also has independently assailed the order passed by the learned Single Judge in W.A. No.1013 of 2023. In the aforesaid factual background, these appeals arise for our consideration.

6. Learned Additional Advocate General has submitted that the writ petitioner has no title in respect of the subject land in question as its vendor had no title and in fact land in question belongs to the State Government. It is further submit