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2006 Supreme(AP) 72

P.SWAROOP REDDY, D.S.R.VERMA
Dharvath Kotia – Appellant
Versus
Joint Collector and Additional District Magistrate, Khammam Dist. – Respondent


D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) THIS reference came up for consideration before us upon an order of reference made by a learned Single Judge of this Court.

( 3 ) THIS is a case where the third respondent was given certificate under Section 38-E of the Andhra Pradesh (Telangana Area) tenancy and Agricultural Lands Act, 1950 (for brevity the Act ). Unfortunately, in the order of reference passed by the learned single Judge an inadvertent mistake had crept in, stating that it was the petitioner who was granted the certificate under section 38-E of the Act. The Act also was described as Act of 1956, which also obviously, a typographical mistake. It was further stated in the said order that it was the petitioner who was not in actual and physical possession of the disputed property and that it was he who filed the petition before the tahsildar and that certain orders have been violated.

( 4 ) BUT, the fact is otherwise; and the defect in the order can simply be cured by inserting expression respondent No. 3 in place of the petitioner.

( 5 ) HOWEVER, the facts, shorn of, are that respondent No. 3 was originally atenant to an extent of Ac. 25. 00 of land in S. No. 179













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