(1.) THIS review civil miscellaneous petition has been filed by the revision petitioners praying to review the order, dated 21. 2. 2007 passed by this Court in CRP No. 1442 of 2004.
(2.) TWO orders were passed by the mandal Revenue Officer, Mancherial on 6. 10. 1990 and on 15. 11. 1988 cancelling the certificate of ownership issued under section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 (for short 'the Tenancy act') in favour of Gaddam Durgaiah, the father of the revision petitioners, after issuing a show-cause notice to the petitioners by alleging that the land was sold away by the petitioners to many persons; that the protected tenant should not do any acts of destruction of property, sub-division or sub-letting 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 is liable to be cancelled. The Mandal Revenue Officer made a spot inspection and observed that in survey No. 93 so many residential houses have been built 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. Being aggrieved by the order of the mandal Revenue Officer, appeal has been preferred before the Joint Collector and the joint Collector dismissed the appeal by confirming the order passed by the Mandal revenue Officer. Being aggrieved by the same, the review petitioners preferred the revision petition and this Court passed an order on 21. 2. 2007 dismissing the civil revision petition by confirming the order passed by the Joint Collector.
(3.) BEING aggrieved by the order of this Court dated 21. 2. 2007, the petitioners filed the present review petition requesting to review the said order by contending that the protected tenant, who lost the possession, has always a right to seek recovery of possession under Section 32 of the Tenancy act; that the protected tenancy certificate was issued much before 1. 1. 1973 the date on which the certificate was granted to late Gaddam Durgaiah; that any sale by the protected tenant before he is granted with ownership rights is null and void, therefore, the benefit shall be given to the tenant; that merely because the land has been converted into non-agricultural land, it will not take away the right of protected tenant over the land and as the certificate under Section 38-E of the Act is a conclusive proof of title, the impugned order is liable to be set aside by reviewing the order passed by this Court in the revision petition.