KURVA MALLAMMA Vs. KUPIREDDY SASTHRI

JUDGEMENT

(1.) This revision under Section 91 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') is directed against the appellate order of the Joint Collector, Mahabubnagar, dt. 17-4-2000 in Appeal No. F1/1/2000, remanding the case to the Mandal Revenue Officer with a direction to conduct a full fledged inquiry by affording reasonable opportunity to the respective parties and pass a final order within the time stipulated.

(2.) The grievance of the petitioners herein had a tortuous and extended trajectory. The petitioners claim to be the legal heirs of one late Gaddam Yellaiah, who was a protected tenant. On the death of the said Yellaiah, the petitioners, claiming to be his LRs, filed an application under Section 40 of the Act for recognising them as LRs and for grant of a succession certificate. The Mandal Revenue Officer the Competent Authority, after a process of enquiry, by the order dt. 7-5-98 allowed the application of the petitioners and granted a succession certificate. The respondent claiming title to the lands as a purchaser from the original landlord, aggrieved by the aforesaid order of the Mandal Revenue Officer dt. 7-5-98, preferred an appeal under Section 90 of the Act to the Joint Collector. By the order dt. 28-12-98 the Joint Collector remanded the matter back to the Mandal Revenue Officer holding that there was no proper opportunity afforded to the appellant respondent herein. Aggrieved by the said appellate order dt. 28-12-98, the petitioners herein preferred a revision under Section 91 of the Act to this Court in CRP 1373/99. At the stage of admission, this Court by the order dt. 8-4-99 dismissed the revision directing the Mandal Revenue Officer to dispose of the matter remanded to him within a period of 4 months.

(3.) The Mandal Revenue Officer, thereupon, on 4-11-99 passed orders in favour of the petitioners herein reiterating his conclusions in the earlier order dt. 7-5-98 recognising them as LRs of late Yellaiah. The order of the Mandal Revenue Officer on the aspect of affording an opportunity to the respondent herein, is as under: