Lakshmi Bai Amp 3 Others vs The Tahsildar, Madnoor Mandal 5 ...
2022 Latest Caselaw 860 Tel

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         THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA

                                      AND

             THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                            WRIT APPEAL No.95 of 2010

JUDGMENT: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)



01.    This Writ Appeal is filed aggrieved by the order dated

04.02.2010 passed in W.P.No.11510 of 2008 by the learned

Single Judge.

02.    Heard Sri K.Raghuveer Reddy, learned counsel for the

appellants, learned Government Pleader for Revenue appearing

for the official respondents.

03. It is the case of the appellants that their father was the

protected tenant in respect of land bearing Sy.No.3, admeasuring

Ac.24.03 guntas situated at Tadgur Khurd Village, Madnoor

Mandal, Nizamabad District. Respondents 3 to 6 are pattedars of

the said land. Their grievance is that the official respondents

had issued ownership certificate under Section 38-E of Andhra

Pradesh (Telangana Area) Tenancy and Agricultural Lands Act,

1950, in favour of their father and by virtue of the same, the

appellants are to be treated as protected tenants only. However,

the ownership certificate issued by the 1st respondent was not

handed over in favour of the father of the appellants and

appellants. Thereafter, the 1st respondent- Tahsildar, Madnoor

vide order dated 16.05.2008 directed the Village Revenue Officer

and Mandal Revenue Inspector to re-hand over the possession

of the above lands to the un-official respondents/land owners

viz., Ananth Rao and others under the cover of Panchanama and

further directed to incorporate their names in Revenue Record.

Aggrieved by the said order, the appellants had filed

W.P.No.11510 of 2008 seeking to declare the order passed by

the 1st respondent as arbitrary and illegal. The learned Single

Judge had erroneously dismissed the said writ petition on the

ground that the appellants are defaulted in paying the rents for

60 long years. Challenging the same, the present Writ Appeal has

been preferred by the appellants.

04. Learned counsel appearing for the appellants contended

that respondents 3 to 6, knowing fully well that the father of the

appellants was the protected tenant, filed an application on

24.07.2003 before the 1st respondent seeking delivery of the

possession and the 1st respondent has ordered delivery of the

possession in favour of respondents 3 to 6 vide order dated

16.05.2008. Learned counsel further contended that appropriate

orders be passed in the appeal by setting aside the order passed

by the 1st respondent and further direct the official respondents

to re-deliver the possession of the subject lands in favour of the

appellants.

05. Learned Government Pleader appearing for the

respondents contended that learned Single Judge has rightly

dismissed the writ petition preferred by the appellants with a

specific observation that the appellants have not paid the rents

for 60 long years, and even, they did not pay the rents during the

pendency of the litigation, nor after its attainment of finality in

the year 2002. Therefore, there are no merits in the writ appeal

and the same is liable to be dismissed.

06. Having considered the rival submissions made by

the learned counsel on either side, this Court is of the considered

view that though the father of the appellants was declared as a

protected tenant, neither their father nor the appellants have

taken any steps for payment of rents for 60 long years, even after

filing a petition for delivery of possession. Therefore, the learned

Single Judge has rightly dismissed the writ petition. Hence, this

Court is not inclined to interfere with the order passed by the

learned Single Judge.

07. Accordingly, the Writ Appeal is dismissed. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

____________________________ SATISH CHANDRA SHARMA, CJ

_________________________________ ABHINAND KUMAR SHAVILI, J

Date:23.02.2022 rkk