SADA Vs. TAHSILDAR UTNOOR

JUDGEMENT

(1.) This is an appeal filed against the order of the learned Single Judge dismissing the writ petition. The order of the learned single Judge reads as under.

(2.) All these cases arise under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act (Act 21 of 1950) (herin-after referred to as the Act). They raise questions concerning the right of protected tenants and the statutory conferment of ownership rights on them under Section 38-E of the Act. In Chinnaboini Narsaiah vs. Tahsildar, Mahaboobabad, Warangal District a Division Bench of this Court consisting of Madhava Reddy, J ( as he then was) and Narsinga Rao, J had occasion to deal with Section 38-E and connected provisions of the Act. After the said judgment, the Legislature amended the Act by the Amending Act 2 of 1979. Subsequent to the said amendment to the Act, the same questions were again raised before another Division Bench of this Court in Chenniah vs. State of A.P. consisting of K.Ramachandra Rao, J. (as he then was) and Sriramulu, J. In the order of reference now made to the Full Bench, it is pointed out by the learned J udges that there is a conflict between the earlier judgment in Narsaiah's case (1) and the later judgment in Chennaiah's case (2) rendered after the amendment and that is how the reference has come to be made to the Full Bench.

(3.) In the referring order, the point of conflict between the DivisionBenches is mentioned as follows :