( 1 ) THIS is an appeal filed against the order of the learned Single Judge dismissing the writ petition. The order of the learned single Judge reads as under. "the cause in this writ petition is covered by the decision in writ petition 5275/79 on August, 31, 1982. The Petitioner may avail of the remedies provided under Act 21 of 1950. This writ petition with the above observation is dismissed, xx xxx xx ". The learned counsel for the appellant mainly contended : (I) ownership rights could not be conferred on protected-tenants who are not in possession of the land on the date of notification under Section 38-E of the Andhra Pradesh (Telangana area) Telangana and Agricultural Lands Act, 1950 (hereinafter called the Tenancy Act ). (ii) the Amendment Act II of 1979 is prospective in operation and not retrospective, and (iii) the amended proviso to Sec. 38-E (2) of the Tenancy Act provides for a notice of eviction to the person in actual possession of the land for his eviction. When such a notice is issued, the person in possession has a right to defend his possession as against the holder of the ownership certificate. In support of his 1st contention that ownership cert