The rights of a protected tenant under the Hyderabad Tenancy Act cannot be extinguished without fulfilling statutory requirements, and the declaration of protected tenancy is not appealable under Section 90.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally with the consent of parties.

2. The petitioner is assailing the judgment and order dated 25.07.2013 passed in Revision Petition No.2B/2008/H by Maharashtra Revenue Tribunal, Aurangabad (henceforth ‘MRT’ for short). As a result of dismissal of the Revision Petition before the MRT, the order dated 30.06.1986 passed by the Deputy Collector (Land Reforms), Parbhani, in two appeals filed by the respondents under Section 38-E(1) and 38-E(i) Explanation of the Hyderabad Tenancy & Agricultural Lands Act, 1950 (hereinafter ‘the Act of 1950’ for short) has been confirmed. Therefore, the petitioner is challenging the orders passed by the MRT as well as the respondent No. 2 i.e. Deputy Collector (Land Reforms), Parbhani. The appeals filed by the respondents herein have been allowed and the declaration of ownership under Section 38-E and Order under Section 38-E(i) Explanation of the Act of 1950 passed on 30.06.1986 has been canceled.

3. Learned Advocate Mr. Dalal appearing for petitioner submits that though initially, writ petition was filed by the legal heirs i.e. son of original protected tenant Mehboob Khan Rehman Khan, however, during the pendency of the present writ petition, the original petitioner has expired and the present writ petition is now being pursued by the legal heirs of Mehboob Khan Rehman Khan. Similarly, during the pendency of the writ petition, one civil application seeking intervention in the writ petition has been filed by the subsequent purchasers of the land in question. Vide order dated 17.01.2023, this Court has allowed the intervention application and accordingly, amendment has been carried out and they have been added as Respondents No. 16 to 22 in the present writ petition.

4. Present writ petition is filed by the legal heirs of one Reheman Khan who was declared as a protected tenant under Section 38-E of the Act of 1950 to the extent of 17A-34G from the agricultural land in Sy. No. 32 of village Ambheri, Tq, Kalamnuri, Dist. Hingoli. The Naib Tahsildar (Revenue), Kalamnuri, passed an order to hand over the possession of the tenanted land to the father of petitioner on 18.08.1962. The father of the petitioner refused to accept the possession. Therefore, the land was taken in government custody and it was given on Ek-Sala Lavni.

5. Tahsildar, by his order dated 19.05.1976, handed over the possession of the said land on Ek-sala Lavni to Abdul Kalim Gulam Rasool. He had given an undertaking that Mr. Rehman Khan Gulab Khan is the declared protected tenant, since he has refused to take possession, the land was taken in Government custody, if and when the legal heirs of Rahemankhan would claim possession, he will hand over the land to the protected tenant.

6. The petitioner who was a minor, on becoming major, filed an application seeking possession of the land for which his father was declared as a protected tenant. The Tahsildar, vide his order dated 20.02.1986, directed the Circle Inspector to hand over the possession of the agricultural land in Sy. No. 32, Gat No. 91 to the extent of 17A-34G at village Ambheri, Tq. Kalamnuri, Dist. Hingoli, from the original land holder Umashankar Nagoba or Abdul Karim to the legal heirs of Mehboob Khan Rehman Khan and others. Accordingly, the possession of the said land was handed over to the petitioner by issuing possession receipt.

7. Being aggrieved by the said order of handing over the possession, Mohammad Yusuf Gulam Rasool filed two appeals challenging the declaration under Section 38E of the Act of 1950 as well as handing over the possession of the tenancy land to the petitioner under Section 38-E(i) Explanation of the Act of 1950 before Deputy Collector (Land Reforms), Parbhani. The Deputy Collector (Land Reforms), Parbhani, by his judgment and order dated 31.12.1986, has allowed both the appeals. By allowing the appeals, the declaration of ownership in favour of the petitioner under Section 38-E of the Act of 1