PAMANAGUNDLA VENKULU Vs. NERELLA YELLAIAH

JUDGEMENT

(1.) THE petitioner herein claiming to be the landlord filed this revision under Section 91 of the Andhra Pradesh (Telangana Area)Tenancy and Agricultural Lands Act, 1950 (for short 'the Act') assailing the orders of the appellate authority, the Joint Collector, nalgonda in Case No. C3/jc/ta/6/92, dated 26. 04. 1993 allowing the appeal at the instance of the first respondent who claims to be the protected tenant, and setting aside the order of the Additional Revenue Divisional Officer (LR), dated 28. 04. 1992, in Case No. E/8295/ 99, cancelling the tenancy rights of the first respondent.

(2.) BRIEFLY stated the facts of the case which give rise to this revision are that the petitioner claims to be the purchaser of the land in question which is to an extent of ac. 10. 02 gnts. in Survey No. 97, situated at chepur Village, Gurrampode Mandal, nalgonda district, in pursuance of the purchase made on 28. 07. 1954 and according to him, he has been in possession all along ever since. However, according to the petitioner, the primary authority, namely, the Additional revenue Divisional Officer, Miryalaguda, by order dated 23. 02. 1976, in file No. E/283/75 issued ownership certificate in favour of the deceased first respondent granting ownership certificate under Section 38-E of the Act. On appeal by the petitioner, the said certificate was cancelled by the order of the District revenue Officer in file No. A7/dro/173/76, dated 29. 06. 1976. Thereafter, in the year 1991, the petitioner filed an application before the Collector, Nalgonda on 04. 04. 1991 to record his name as pattedar in terms of the above said judgment, dated 29. 06. 1976. In pursuance of the said application, the collector by his order, dated 09. 04. 1992, in file No. C3/8260/91, directed the Mandal revenue Officer, Gurrampode to take action as per law. Thereupon, the said Mandal revenue Officer sought permission from the collector to delete the name of the first respondent and record the name of the petitioner in the revenue records. Again, the collector, as per the order, dated 15. 05. 1991, in file No. B1/13724/91, dated 22. 06. 1991 directed the Mandal Revenue Officer to implement the order dated, 29. 06. 1976, passed in the aforesaid appeal by the District revenue Officer, in the Jamabandi and to rectify the entries in pahanies prior to 15. 08. 1976, in the light of the instructions contained in the Government Memo No. 1661 -N1/81-3, dated 21. 11. 1984. Thereafter, the petitioner himself filed an application, once again, before the Revenue Divisional Officer, on 30. 12. 1991, seeking to set aside the certificate issued under Section 38-E of the act in favour of the first respondent in terms of the judgment in appeal, dated 29. 06. 1976. Accordingly, the Revenue Divisional Officer, as per the order in file No. E/8295/75, dated 28. 03. 1991, cancelled the certificate issued in favour of the first respondent and directed the Mandal Revenue Officer to take appropriate action. It appears that the additional Revenue Divisional Officer (LR)passed another order on 28. 04. 1992, modifying his earlier order and holding that the protected tenant's rights of the first respondent are seized (sic. ceased) and directed the Mandal Revenue Officer to round off the name of the first respondent in protected Tenants' Register. It is against the said order, the deceased first respondent filed the appeal before the appellate authority viz. , the Joint Collector, Nalgonda and the same was allowed. Hence, the revision.

(3.) THE main contention urged on behalf of the petitioner is to the effect that having regard to the orders already passed in appeal as long back as on 29. 06. 1976 by the appellate authority viz. , the then District revenue Officer, the first respondent cannot claim any tenancy rights and since the certificate issued under Section 38-E of the act stood cancelled and further that the order in the appeal, dated 29. 06. 1976, have remained unchallenged by the respondents and hence, it has become final, conclusive and binding.