RACHAPPA Vs. CHANDER

JUDGEMENT

(1.) This revision petition is directed against an appellate order of the District Collector of Nizamabad confirming an order of the Deputy Collector of Bodhan.

(2.) The respondent had obtained a protected tenancy certificate in respect of the lands comprised in S. Nos. 42/1 and 42/2 in the village of Asanta kli in Banswada taluq. Subsequently he applied before the Deputy Collector, Bodhan for restoration to him of the possession of the lands in respect of which he had obtained the certificate under Section 93 of the Hyderabad Tenancy and Agricultural Lands Act (hereinafter referred to as the Act). Notice of the application was given to the petitioners by an order dated the 13th of November 1957. The Deputy Collector held that the petitioners were in illegal occupation of the lands and that the respondent should be put in possession of the same and he directed eviction of the petitioners under Section 98 of the Act. Against the order of the Deputy Collector the petitioners preferred an appeal before the District Collector, who, by his order dated the 15th of January 1958 dismissed the same. Against the order of the District Collector, the petitioners have preferred the above revision in this court.

(3.) It is argued by the learned counsel for the petitioners that under Section 98 (2) of the Act the order for eviction must be made by the Collector and that the Deputy Collector has no jurisdiction to do so. This, it is stated, goes to the root of the jurisdiction and that, therefore, the original order as well as the appellate order are vitiated by an erroneous exercise of jurisdiction.