V. RAMASWAMY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed praying to grant the following relief:

(2.) Heard Mr. M.Damodar Reddy, counsel for petitioner and the learned Assistant Government Pleader for respondents 1 to 3.

(3.) According to the petitioner, his father late Voggu Chinna Mallaiah was the protected tenant of land in Sy.Nos.414, 415, 416 an 417 of Tummalur village, Maheshwaram Mandal, Ranga Reddy district and in recognition of his tenancy rights of inam land, his name was included in the protected tenancy register and he was issued Certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, (for short, the Act, 1950) on 23.07.1975 on land to an extent of Acs.50.29 guntas. He was in enjoyment of the said land till his death on 21.02.2000. After the death of Voggu Chinna Mallaiah, petitioner, Mr. V.Shankar, and two daughters succeeded to the tenancy rights of late Voggu Chinna Mallaiah. However, Acs.25.141/2 guntas have been in illegal occupation of the third parties depriving the entitlement of the petitioner to enjoy the entire extent of land, compelling the petitioners to confine to cultivation of only to Acs. 25.141/2 guntas. As the occupation of the land belonging to a tenant is illegal, petitioner, his brother and sisters filed application before the Tahsildar under Section 38-E (2) read with Section 40 of the Act, 1950 requesting the Tahsildar to conduct enquiry to recognize the applicants as legal heirs of the original protected tenant and to restore the physical possession on land to an extent of Acs.25.141/2 guntas. The Tahsildar refused to receive application under Sections 38(E)(2) and 40 of the Act, 1950 sought to be presented on 01.04.2021. Therefore on the same day, application was filed before the District Collector through their Advocate requesting to forward the application and to direct the Tahsildar to dispose of their application. Alleging in action, this writ petition is filed.