DHONDE RAO Vs. GURRAMPALLI ASHAPPA

JUDGEMENT

(1.) The revision is directed against the Order of the District Collector, Hyderabad, made in Appeal No. B8/26720 of 1960 dated 29th July, 1960 by which he has set aside the order of the Tahsildar directing handing over of possession to the petitioner herein pursuant to a reservation certificate issued by the Revenue Divisional Officer.

(2.) Briefly it appears that the petitioner applied to the Revenue Divisional Officer for resumption of certain lands under section 44 of the Tenancy and Agricultural Lands Act (hereinafter called the Act). A certificate was granted to the petitioner on 23rd June, 1958 which has been reproduced at page 9 of the material papers. It gives the particulars of the land reserved viz., S. Nos. 56 and 71, with an extent of 15 acres 2 guntas and 14 acres 27 guntas respectively in all the area reserved being 29 acres and 29 guntas. Thereafter the petitioner filed an application on 17th. May, 1960 before the Tahsildar, Taluka Tandur, stating that he was the patta. holder of the land bearing S. No. 59 admeasuring 15 acres 2 guntas and seeking; delivery of possession of the said land as per the certificate issued by the possession of the said land as per the certificate issued by the Revenue Divisional Officer., Vikarabad. The Tahsildar thereupon without issue of a notice to the other side,, made an order on 17th May, 1960 which is as under :

(3.) The learned Counsel for the petitioner, relying on a judgment in Sonjan Rao v Narsing Rao,(1963) 1 An.W.R. 63. urged that the Collector was not justified in holding that the second petition was a fresh petition and not the continuation of the same proceedings. It has also been urged before the Collector that the order directing the issue of reservation certificate was not made in the presence of the parties and the respondents were not parties to the proceedings. There is nothing on record to show that the order was made ex parte, apart from the submission made before the Collector'.. On the other hand, the endorsement on the record shows that the reservation certificate was issued after due compliance with the formalities prescribed under the Rules,,' so that it is not necessary to advert to the argument whether the reservation certificate was validly issued or not. The only question is whether section 44 (5) of the Act bars the proceedings as found by the learned Collector.