SYED SHARFUDDIN Vs. ANDREWS

JUDGEMENT

(1.) These three Revision Petitions are filed under section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, hereinafter called as the Act.

(2.) The essential facts are : The respondents filed applications before the Tahsildar Bodhan, for granting them tenancy certificates under the Act. Notices were issued to the pattadar who raised an objection that as the lands in question are situated within the municipal limits of Bodhan, the Act is not applicable and the respondents therefore are not entitled to protected tenancy certificates.

(3.) The Tahsildar, after hearing the parties, through his order dated 24th August, 1955, dismissed the petitions on the ground that under section 102 (e) of the Act the lands in dispute are exempted from the purview of the Act and are reserved for urban development, and that therefore no certificates can be given. Aggrieved by that order the respondents went in appeal before the Collector, Nizamabad. In his order dated 3rd April, 1957 the Collector decided that the lands in question are not exempted from the purview of the Act. He allowed the appeals and remanded the cases for disposal to the Tahsildar. These revision petitions are filed from the above said orders of the Collector.