GADDAM BHEEMAIAH Vs. JOINT COLLECTOR ADILABAD DISTRICT

JUDGEMENT

(1.) This Civil Revision Petition has been preferred by the appellants against the Proceedings of the Joint Collector, Adilabad, vide Proceeding No.D4/TA/2/97, dated 20-6-1998 and Proceeding No.D4/1001 /88, dated 15-11-1988 under the provisions of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act').

(2.) The Joint Collector passed an order on 20-6-1998 against the order of the Mandal Revenue Officer, Manchieral dated 6-10-1990 and he passed another order on 15-11-1988 on the representation made by the Management of the Zilla Parishad High School, Mancherial. A certificate of ownership u/s.38-E of the Act was issued in favour of Gaddam Durgaiah, s/o. Bhumaiah, the father of the revision petitioners in respect of an extent of Ac. 13.02 guntas of land in Survey No. 92, Ac. 1.02 guntas of land in Survey No. 93 and 28 guntas of land in Survey No. 95. In the year 1990. the Mandal Revenue Officer has issued a show cause notice to the son of Gaddam Durgaiah by name Bhumaiah wherein it has been mentioned that the father was recognized as a protected tenant to an extent of Ac. 23.03 guntas of land. But the said land was sold away to so many persons, which was reflected in the entries of the pahanies. U/s. 19 of the Act, the protected tenant should not do any acts of destruction of property sub-division or subletting or failure to cultivate the land personally or assignment of interest or using of the land for any purpose other than agriculture. Therefore, the protected tenancy certificate will be liable to be cancelled. It is noted that Sri Gaddam Bhumaiah, s/o. Gaddam Durgaiah, who is the protected tenant of the above-mentioned lands, sold away the lands by making house plots and the remaining land is also sold away to so many persons and he is not in physical possession of the property. Therefore, he was issued a show cause notice directing to show cause as to why the tenancy certificate should not be cancelled due to the above lapses and the explanation should reach the undersigned within a week after receipt of the notice, otherwise it will be deemed that he did not have any explanation and the matter will be decided ex pane. But, Sri Gaddam Bhumaiah did not turn up and did not file any reply to the show cause notice. Therefore, he came to a conclusion that the said Bhumaiah has no material to defend himself on the points raised in the show cause notice served on him.

(3.) The Mandal Revenue Officer observed that as per the pahani of 1988-90, the A. C. C. Mancherial is the pattadar to an extent of 29 guntas of land in Survey No. 95. As per the spot inspection, in Survey No. 93 so many residential houses have been built up and no cultivation was being taken up for more than 20 years and the land covered by Survey No. 92 has been used as playground of the High School and in part of it, an RTC bus depot and residential houses of different individuals have been built up about 20 years ago. It shows that no cultivation was taken up for more than 20 years and the land has been subdivided and it was used for non-agricultural purpose. The Mandal Revenue Officer observed that Sri Gaddam Bhumaiah is not cultivating the land and sold away the same to other persons and violated the conditions imposed u/s. 19 of the Act. In the circumstances mentioned above, the Mandal Revenue Officer cancelled the protected tenancy rights of Sri Gaddam Bhumaiah.