BARLA RAJAIAH Vs. TAHSILDAR

JUDGEMENT

(1.) This writ petition is filed seeking the following relief:

(2.) Heard Sri Palivela Satyaraja Babu, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 and 2 and Sri K.Raghava Charyulu, learned counsel appearing on behalf of respondent No.3.

(3.) Learned counsel for the petitioners submits that, petitioners are legal heirs of late Bala Mallaiah, late Chithaiah, late Bala Krishna, P.Mallaiah, late Narasimha, late K.Venkaiah and late K.Pentaiah, are the Protected Tenants and they have ownership certificate under Sec. 38-E of A.P.(Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for brevity "the Act") on 15/5/1975 issued by the Revenue Divisional Officer, Ranga Reddy District, East Division vide File No.B/254/75. Respondent No.3 had purchased the property from one P.Madhusudhan Reddy. He further submits that petitioners nor their ancestors have not surrendered the tenancy rights to the respondents Pattadar and the property sold by the pattadar without notice to the petitioners and the entire transactions including the transactions made by respondent No.3 is contrary to law. As per the provisions of Sec. 48-A of the Act unless and until 8 years period expires from the date of issuance of 38-E certificate no transactions are permissible. The petitioners have rightly filed application under Sec. 32 of the Act before respondent No.1 for restoration of the possession of the land in Sy.No.115 admeasuring Acs.13-12 guntas situated at Kandlakoya Village, Medchal Mandal, Medchal Malkajgiri District (erstwhile Ranga Reddy District). Respondent No.1 without properly considering the said application and provisions of the Act, dismissed the same by its order dtd. 25/6/2007, holding that the claim of the petitioners is not genuine and their claims cannot be adjudicated under the provisions of the Act to approach the competent Civil Court.