KARRE NARASIMHA Vs. JOINT COLLECTOR,RANGA REDDY DISTRICT

JUDGEMENT

(1.) Heard Sri K.V. Bhanu Prasad, learned counsel for the writ petitioners, Government Pleader for Revenue for the 1st respondent and Sri N. Suryanarayana Murthy, learned Senior Counsel appearing for the party respondents. The petitioners claim to be the legal heirs of the protected tenant late Karre Babaiah @ Balaiah, who was granted certificate under Section 38-E of the A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950. (for short 'the Act) for an extent of Acs. 17-22 gts. in Sy. No. 22 of Mallapur village, Saroornagar Mandal, Rangareddy District. They filed petition before the Mandal Revenue Officer, Saroornagar mandal, Rangareddy District under Section 40 of Act for grant of succession of tenancy rights and under Section 32(1) of the Act for recovery of possession. By proceedings No. B/10773/2003 dated 27.9.2003, the Mandal Revenue Officer, ordered succession and recovery of possession. The said order for better appreciation, is extracted as under:

(2.) Aggrieved by the above dated 27.9.2003, the respondents before the Mandal Revenue Officer, filed appeal under Section 90 of the Act. In the appeal, in Case No. F2/174/2004 dated 7.2.2006, the Joint Collector-II, Rangareddy-1st respondent, passed the following order:

(3.) Challenging the order dated 7.2.2006 passed by the Joint Collector, in setting the aside the order of the Mandal Revenue Officer in restoring possession and thereby requiring the Section 38-E certificate holders to institute a civil suit for recovery of. possession, the present writ petition has been filed,