STATE OF TELANGANA Vs. S. NARENDER

JUDGEMENT

(1.) The present writ appeal is arising out of the order dtd. 5/1/2017 passed by the learned Single Judge in W.P.No.21794 of 2016.

(2.) The undisputed facts of the case reveal that land admeasuring Ac.9.35 guntas bearing Survey No.197 situated at Yapral Village, Malkajgiri Mandal, Ranga Reddy District was under the ownership of one late Sri Sriramulu @ Shivaram and he was also owner of land admeasuring Ac.11.05 guntas bearing Survey No.196 situated at the same Village. The facts further reveal that one Sri M.R. Krishna, former Member of Parliament, addressed a letter dtd. 7/3/1990 to the Mandal Revenue Officer, Malkajgiri, Ranga Reddy District, stating that he has purchased land in Survey Nos.196 and 197 of Yapral Village from the land owner, Sri P. Shivaram S/o. Sri Venkatswamy, in the year 1955. It was also stated in the aforesaid letter that he is eager to build about 200 more houses for the houseless families and to transfer the aforesaid land to the State Government through Mandal Revenue Officer, Malkajgiri. The State Government, based upon the offer made by Sri M.R.Krishna, at that point of time took action in the matter and also mutated the name of the Government in the revenue records. Meaning thereby, in the absence of any deed of transfer, which is required under the Transfer of Property Act, 1882, simply on the basis of a letter of a Member of Parliament, the property of a private individual was treated to be transferred in the name of a Member of Parliament and then it was transferred in the name of the State of Telangana (erstwhile State of Andhra Pradesh).

(3.) The children of late Sri Sriramulu @ Shivaram were all Government servants, two of them were posted out of Telangana and one was in Telangana. The moment they came to know about such transfer of land, a writ petition i.e., W.P.No.20371 of 1997 was preferred by one of the children, Sri Narender. In the aforesaid writ petition, it was categorically stated that he is the owner of the land, as the predecessor-in-title is his father, there was no deed of transfer of title and based upon some letter of the former Member of Parliament, the land was transferred to the State Government and thereafter to some housing society. A prayer was made in the aforesaid writ petition that in case the State Government wants the land in question, appropriate proceedings under the Land Acquisition Act be initiated. At the same time, the writ petitioner, Sri Narender, also approached the revenue authorities for mutation of his name in the revenue records, as the name of Sri Sriramulu @ Shivaram was deleted from the revenue records and finally orders were passed by the revenue authorities rejecting his claim and therefore, a second writ petition was also preferred i.e., W.P.No.17811 of 2001. Both the writ petitions were heard together and after taking into account the entire history of the litigation, by an order dtd. 26/11/2001, the learned Single Judge has allowed the writ petitions.