LAKSHMI BAI Vs. TAHSILDAR MADNOOR MANDAL NIZAMABAD DISTRICT

JUDGEMENT

(1.) This writ petition is filed seeking a Mandamus declaring the order passed by the first respondent in his proceedings No. B/328/2008 dated 16.5.2008 as arbitrary, illegal and without jurisdiction.

(2.) Petitioners are four in number. Third petitioner filed affidavit in support of the writ petition. According to him, his late father Mallanna was the protected tenant in respect of land bearing Sy. No. 3 admeasuring Ac.24-03 guntas situated at Tadgur Khurd village, Madnoor mandal, Nizamabad district. Respondents 3 to 6 were the pattedars of the said land. The possession of the land was delivered to the father of third petitioner and he was in possession of the same since several decades. After his death, third petitioner and his brothers viz., husband of first petitioner, father of second petitioner and father of fourth petitioner were in possession of the property. It appears, during the lifetime of Mallanna, he was granted ownership Certificate under Section 38-E of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') in respect of Ac.0-31 guntas of land out of Ac.24-03 guntas in Sy. No. 3 of Tadgur Khurd village conferring ownership by the Revenue Divisional Officer, Bodhan in his File No.B7/2941/74 dated 14.12.1974. However, after more than three years, the said Mallanna filed applications on 3.6.1978 and 7.6.1978 before the Sub-Collector, Bodhan requesting for grant of ownership certificate in respect of the entire land viz. Ac.24-03 guntas. The Sub-Collector, Bodhan vide his proceedings No. D1/2380/78 dated 9.11.1978 observed that since Mallanna had already been issued ownership certificate in respect of Ac.0-31 guntas, no further proceedings can be taken up. Aggrieved by the same, Mallanna filed appeal before the Joint Collector, Nizamabad in File No.A4/296/78. The Joint Collector dismissed the said appeal by order dated 30.7.1979 holding that there are no valid grounds for reopening the issue for issuance of certificate under Section 38-E of the Act and the order of the Revenue Divisional Officer dated 14.12.1974 should be deemed as final. However, on a petition filed by Narsappa and (3) others, the Assistant Collector, Bodhan vide Memo No. A/4106/87 dated 31.8.1988 informed that Mallanna will have ownership rights over Ac.0-31 guntas and protected tenancy rights over the remaining land i.e. Ac.23-13 guntas situated at Tadgur Khurd village. Therefore, the question of reopening the case again does not arise.

(3.) It appears, further a representation was submitted on 14.11.1990 to the Revenue Divisional Officer, Bodhan requesting him to initiate action under Section 38-E of the Act. The Revenue Divisional Officer, Bodhan initiated action and issued patta certificate under Section 38-E of the Act in favour of descendants of Mallanna in respect of entire land admeasuring Ac.24-03 guntas in Sy. No. 3 of Tadgur Khurd village through his proceedings No.A2/3476/90 dated 23.2.1991. Aggrieved thereby, the landlords filed appeal before the Joint Collector, Nizamabad in Case No. D5/18/91. The Joint Collector, after a detailed consideration of the entire issue, passed orders dated 17.2.1994 observing that the earlier proceedings granting 38-E Certificate relating to land admeasuring Ac.0-31 guntas in Sy. No. 3 in respect of tenants has become final and against which, an appeal was filed and the same was also rejected and against that no revision was filed, therefore the Revenue Divisional Officer had no jurisdiction and competency to reopen the settled case, which attained finality. It was further observed that instead of rejecting the application dated 14.11.1990, the Revenue Divisional officer straightaway entertained the same without there being any direction either from the authority exercising appellate or revisional jurisdiction and therefore set aside the proceedings of the Revenue Divisional Officer in Procs. No. A2/3476/90 dated 23.2.1991. Aggrieved thereby, the descendants of Mallanna filed C.R.P. No. 974 of 1994 before this Court, however the same was dismissed by order dated 2.12.1999. Thus, the matter had attained finality insofar as grant of 38-E Certificate in favour of Mallanna and others. Admittedly, late Mallanna was granted ownership certificate under Section 38-E of the Act in the year 1974 only to an extent of Ac.0-31 guntas in Sy. No. 3 of Tadgur Khurd village and for the remaining extent, they were declared as protected tenants under Section 40 of the Act.