( 1 ) THIS application arises out of an order dated 15-11-1997 passed by the Joint collector, Mahaboobnagar in Case no. B7/17/94 whereby and whereunder an appeal filed by the respondent herein was allowed setting aside the order passed by the Revenue Divisional Officer, mahboobnagar conferring ownership right in respect of the suit land on the petitioners under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 holding that the suit lands in question had actually vested in the State under Sec. 11 of the Andhra Pradesh Land reforms (Ceiling on Agricultural Holdings) act, 1973.

( 2 ) THE petitioners are protected tenants in terms of the provisions of the Tenancy act. One Pradeep Reddy is said to be the original pattedar. He being a surplus landholder, the question whether he held lands in excess than the prescribed ceiling area in terms of" the Act, 1973 came up for consideration. He had surrendered the said lands in question. The respondent s contention was that by reason of such surrender, the lands vested absolutely in the State free from all encumbrances. Assuming that the petitioners are the protected tenants, the contenti