CH SHIVUDU Vs. CHIEF COMMISSIONER OF LAND ADMINISTRATION

JUDGEMENT

(1.) The petitioner is aggrieved by the order being CCLA's Ref. No. P5/335/2010, dated 12.04.2010, of the first respondent. By the said order, while admitting the revision petition filed by the second respondent and calling for the lower Court records, the first respondent granted status quo orders till 12.08.2010 and posted the matter for further hearing on 12.08.2010.

(2.) The writ petition is filed virtually for a writ of Prohibition on the ground that under The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, (the Act) the Commissioner is not vested with any powers of revision against the order of the Joint Collector and that said revision only lies to the High Court under Section 91 of the Act.

(3.) It is the case of petitioner that his father Chinna Mallaiah was a protective (sic. protected) tenant of Narayana Prasad in respect of land admeasuring Acs.19.02 1/2 guntas, who was granted a certificate under Section 38-E of the Act. The respondents 2 and 3 contend that the landholders sold the property in their favour after the protected tenant surrendered the land. They, accordingly, approached the Tahasildar for acceptance of surrender, in vain. Therefore, they filed an appeal under Section 90 of the Act before the Joint Collector, who dismissed the same on 12.03.2010 placing reliance on Kotaiah v. The Property Association of the Baptist Churches (Pvt.) Ltd., 1989 AIR(SC) 1753. Aggrieved by the same, the petitioner (sic. respondents 2 and 3) filed a revision before the first respondent, whereupon, the first respondent passed the impugned order.