Andhra Pradesh High Court
Judges : V.V.S.RAO
Raj Kishan Pershad - Appellant
Versus
Joint Collector, R.R.Dist, Hyderabad - Respondent
Decided On : 02-15-01
Constitution of India, 1950 - Articles 39 (b) and (c) - Tenancy and Agricultural lands Act, 1950 - Sections 90 and 91 - Protected Tenants (Transfer of ownership of Lands) Rules, 1973 - Sections 38E, 2(a), 2(c), 5, 34 and 37A - Land Reforms Act 1974 - Sections 5, 8, 9, 20, 28, 3(c), 4, 4A, 7, 13 and 18 - Bombay Tenancy and agricultural Lands Act, 1948 - Section 32G - Civil Procedure code, 1908 - Section 115 - Property - All CRPs are filed against order of Joint Collector reversed order of Tenancy Tribunal - Land owners grievance is that order of appellate authority dated in proceedings no’s is illegal and arbitrary - Petitioners in these CRPs are either sons or daughters to appreciate two important submissions made by petitioners it is necessary to notice legal position and relevant facts succinctly - Government issued a notification for purpose of conferring ownership rights on protected tenants - Held, Petitioners father or petitioners cannot turn around before tenancy Tribunal and object issue of ownership certificates to protected tenants and he cannot be heard to say at a later point of time that tenants are not entitled to ownership certificates - This Court gave time to petitioners to file additional affidavit much in advance so that learned Counsel for respondents can file their counters to those allegations to-day when case commenced to enable Sri PM - Learned Counsel for respondents to sum up his submissions petitioners Counsel placed copies of alleged affidavit and alleged statements along with an affidavit across bar having regard to legal submissions made and determined by this Court as well as fact that at stage of revision petitioners have chosen to come forward to present these documents this Court refused permission to petitioners Counsel to file affidavit Likewise though Mr. PM submits that petitioners illegally sold away all land which was originally owned for same reasons this Court refused permission to parties to bring all these circumstances on record - Petition Dismissed.
( 1 ) ALL the C. R. Ps. are filed against the order of the Joint Collector, Ranga Reddy District dated 20-12-1996 exercising his jurisdiction under Section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 ( the Tenancy Act for brevity ). The Joint Collector reversed the order of the Tenancy Tribunal (Revenue divisional Officer, Hyderabad East division, Ranga Reddy District) dated 15-7-1992. In these revisions arising under section 91 of the Tenancy Act, the petitioners - land owners grievance is that the order of the appellate authority dated 20-12-1996 in proceedings No, B4/6506/92 is illegal and arbitrary.
( 2 ) THE land in question originally belonged to one Raj Narayana Prasad who had two sons by name Hari Kishan Prasad and Prem Kishan Prasad. The petitioners in these C. R. Ps. are either the sons or daughters of late Hari Kishan Prasad. To appreciate the two important submissions made by the petitioners it is necessary to notice the legal position and relevant facts succinctly.
( 3 ) UNDER Section 38-E of the Tenancy act, the Government issued a notification for the purpose of conferring ownership rights on protected tenants. Therefore, the competent authority - the Revenue divisional Officer - conducted an enquiry as required under Section 38-E (2) read with rule 4 (1) of the Andhra Pradesh (Telangana area) Protected Tenants (Transfer of ownership of Lands) Rules, 1973 (hereafter called the Tenancy Rules ). Be it noted that while notification issued under Sec. 38-E with effect from 1-1-1973 transfers and vests the right in agricultural land to the protected tenant, Section 38-E (2) and rule 4 of the Tenancy Rules contemplate an enquiry for the purpose of granting ownership certificate under Section 38-E (2) by the Tenancy Tribunal*.
( 4 ) THE Tenancy Tribunal after taking into consideration the tenancy record if available and after holding summary enquiry in respect of the lands allegedly held by protected tenants shall prepare a provisional list in Form-I snowing the names of the protected tenants to whom the land is deemed to have been transferred under Section 38-E. After preparation of the provisional list in form-I, the Tenancy Tribunal shall issue notice inviting objections within 15 days from the date of publication by causing the provisional list affixed on the notice board of the Village Chavidi or other conspicuous place in the village. The proceedings upto the publication of provisional list is the first stage. The second stage is as per Rule 4 (3 ). The Tribunal after hearing the objections if any from a landlord, a land holder or a rival protected tenant or any other interested person and making further enquiry as is necessary may with or without modifications publish a final list which shall be affixed on the notice board of Village chavidi or other conspicuous place. The final list of protected tenants prepared and published under Rule 4 (3) is the basis for issuing a certificate under Section 38-E (2) which is the conclusive evidence of the protected tenant having become the owner of the land with effect from the date of certificate. In this context it is also necessary to mention that Section 2 (a), 2 (c), Section 5, section 34 and Section 37-A of the Tenancy act contain sufficient guidelines as to the nature of the enquiry at the stage of preparation of provisional list as well as the final list under Rule 4 of the Tenancy Rules. The Tenancy Tribunal shall have to take into consideration the relevant factors as per the Tenancy Act while preparing the final list of protected tenants for the purpose of issuing of certificate under section 38-E (2 ).
( 5 ) IN the present case, the Tenancy tribunal, the 2nd respondent herein prepared a provisional list under Rule 4 (1) and (2) and published the same on 10-1-1975. In the meanwhile, the Andhra pradesh Land " Reforms (Ceiling on agricultural Holdings) Act, 1973 (hereinafter called the Land Reforms Act )
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