M.A.RAZAK HUSSAIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking to quash the order, dtd. 23/9/2023, in Case No.G/12320/2018, passed by respondent No.3 by declaring the same as illegal and arbitrary and consequently, to direct respondent No.3 to act in accordance with the directions of this Court in CRP.No.539 of 2010, vide orders, dtd. 11/8/2017.

(2.) Heard Sri Vedula Srinivas, learned senior counsel appearing for Smt. Vedula Chitralekha, learned counsel-on-record for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri M.Surender Rao, learned senior counsel appearing for Smt. E.Subhavathi, learned counsel-on-record for respondent Nos.5 to 22.

(3.) The brief facts of the case, as averred by the petitioner in the writ affidavit are that originally, his father-Ahmed Ali Siddiqui was owner of land admeasuring Acs.59-30 guntas in Sy.No.396 of Chattanpally Village, Farooqnagar Mandal, Ranga Reddy District; that one Katika Gopoji was the protected tenant of that land, but he was in possession of land only to an extent of Acs.27.16 guntas; that since the said protected tenant sub-leased a part of land to one K.Sayanna, the original owner terminated the tenancy in respect of the entire land by notice dtd. 7/10/1968 and filed an application before the Tahsildar for recovery of possession under Sec. 32(2) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Act, 1950 (for brevity, hereinafter referred to as 'the Act, 1950); that subsequently, Sy.No.396 was sub-divided into Sy.Nos.652 to 657 and the protected tenant was in possession of land in Sy.Nos.652, 656 and 657 and he was not in possession of land in Sy.Nos.653, 656 and 655; that an enquiry was conducted by then Tahsildar, who, by order dtd. 19/2/1974 terminated the tenancy and directed eviction of protected tenant-Gopoji as well as his subtenant; that consequently, the name of Gopoji was rounded off and thus, the protected tenancy stood terminated. The said proceedings were challenged by the protected tenant-Gopoji before the Revenue Divisional Officer, Mahabubnagar in File No.B7/1/1974, but the same was dismissed and he has further challenged the said order in CRP.No.1136 of 1975 before the erstwhile High Court of Andhra Pradesh and the said Revision Petition was also dismissed on 7/4/1976.