1. Heard Sri K.V. Bhanu Prasad, learned counsel for the writ petitioners, Government Pleader for Revenue for the 1st respondent and Sri N.Suryanarayana Murthy, learned Senior Counsel appearing for the party respondents.

2. The petitioners claim to be the legal heirs of the protected tenant late Karre Babaiah @ Balaiah, who was granted certificate under Section 38-E of the A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950. (for short ‘the Act’) for an extent of Acs.17-22 gts. in Sy.No.22 of Mallapur village, Saroornagar Mandal, Rangareddy District. They filed petition before the Mandal Revenue Officer, Saroornagar mandal, Rangareddy District under Section 40 of Act for grant of succession of tenancy rights and under Sections 32 (1) of the Act for recovery of possession. By proceedings No.B/10773/2003 dated 27.9.2003, the Mandal Revenue Officer, ordered succession and recovery of possession. The said order for better appreciation, is extracted as under:

“This is the petition filed by Sri Karre Jangaiah, Karre Yadaiah, Karre Venkatesh, Karre Babulu, Karre Krishna, s/o Laxmaiah and Karre Narsimha s/o Babaiah alias Balaiah R/o Mallapur village, U/s 40 of A.P. (T.A.) Tenancy & Agricultural Land Act of 1950 for grant of succession of tenancy rights of late Karre Babaiah alias Balaiah and his family members and U/s 32(1) of A.P. (T.A.) Tenancy and Agricultural Land Act, 1950 for recovery of possession of land in respect of Sy.No.22, admeasuring Ac.17-23 gts., situated at Mallapur village.

On receipt of the petition, the matter has been taken on record and issued notices and published at village for receiving of claims and objections over the land in respect of Sy.No.22, extent Ac.17-23 gts of Mallapur village. No objections were received within the stipulated time.

The matter has been enquired in the village that the petitioners are the legal heirs of protected tenant late Babaiah alias Balaiah in the land in respect of Sy.No.22 admeasuring Ac.17-23 gts. Of Mallapur village.

On perusal of P.T. register Sri Karre Babaiah alias Balaiah name has been recorded as protected tenant and Sri Syed Saber Hussain name has been recorded as a pattedar. As per the latest pahani, N.Anasuya and others were recorded as pattedars for the land to an extent of Ac.17-23 grts., in survey no.22 of Mallapur village.

In view of the above it is proved that Sri Karre Babaiah alias Balaih is the protected tenant of land in respect of Sy.No.22 admeasuring Ac.17-23 gts., of Mallapur village, and the petitioners are the successors of protected tenant i.e., late Karre Babaiah alias Balaiah. Therefore, it is hereby ordered to record the names of Sri Karre Narsimha, s/o Babaiah alias Balaiah, and Keere Jangaiah, Karre Yadaiah, Karre Venkatesh, Karre Babulu, and Karre Krishna all sons of Laxmaiah, for succession protected tenancy rights U/s 40 of A.P. (T.A.) Tenancy & Agricultural Land Act, 1950 and recovery of possession of land U/s 32 (1) of A.P. (T.A.) Tenancy and Agricultural Land Act, 1950, to the petitioners in respect of the lands bearing Sy.No.22 Extent Ac.17-23 gts. of Mallapur village.

The Additional Revenue Inspector and Mandal Surveyor are hereby directed to handover the possession of the land bearing Sy.No.22, Extent Ac.17-23 gts., of Mallapur village to the Successors of Protected Tenants while conducting a panchanama duly following procedure immediately.

Pronounced in the open court and dictated by me.”

3. Aggrieved by the above dated 27.9.2003, the respondents before the Mandal Revenue Officer, filed appeal under Section 90 of the Act. In the appeal, in Case No.F2/174/2004 dated 7.2.2006, the Joint Collector-II, Rangareddy – 1st respondent, passed the following order:

“In the instant case, the respondents claim to be protected tenants in respect of the subject land and claim to have acquired ownership rights over the land U/s 38-E of the A.P. (T.A.) Tenancy Act, 1950.

The 38-E holders (i.e. respondents herein) have applied to the Mand