PUSHPA PATEL CHAVDA Vs. MANDAL REVENUE OFFICER

JUDGEMENT

(1.) The Petitioner filed the instant' writ petition assailing the proceedings bearing No. B/1037/2001, dated 19.03.2001. By the said order while entertaining the application filed by Respondent Nos. 2 and 3 for grant of succession in respect of land admeasuring Acs. 13.26 guntas in survey No. 186 situated at Yapral Village of Malkajgiri Mandal, Ranga Reddy District (hereafter referred to as, the subject land), under Section 40 of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act, 1950 (the Act), the first Respondent ordered status quo to be maintained preventing the Petitioner or her agents from converting the agricultural land into non-agricultural land till the disposal of the main petition filed by Respondent Nos. 2 and 3.

(2.) The brief fact of the matter is as follows. Respondent Nos. 2 and 3 claimed to be the legal heirs of Sangana Boina Venkataiah, statedly, the protected tenant of the subject land. The Petitioner's case is that an extent of Acs. 11.00 in survey No. 186 was purchased by Sri Mohanlal Jairam Chavda, Sri G.M. Chavda and Sri V.M. Chavda under registered sale deed dated 22.01.1965 from one Sri S. Narayan Reddy, S/o. Mutha Reddy. In subsequent partition, Sri Mohanlal Jairam Chavda got Acs.5.31 guntas. He executed a gift/settlement deed dated 17.06.1976 in favour of the Petitioner. Sri G.M. Chavda so as to convert the land into residential plots got a layout approved and sold plots in 1995. Following the same, the Petitioner also allegedly alienated her share to developer and the land is allegedly converted into urban land with facilities like roads, drainage, power etc.

(3.) Respondent Nos. 2 and 3 claiming to be legal heirs of protected tenant filed application under Section 40 of the Act for grant of succession. They also prayed to prevent the Petitioner from converting the land into residential plots. Considering the prayer, the first Respondent passed the impugned order directing to maintain status quo. The Mandal Revenue Officer, Malkajgiri, has not filed counter affidavit. Assistant Government Pleader, however, submits that the matter is still pending before the Mandal Revenue Officer.