Point of law : Tenancy rights - Until and unless the Civil Court grants the declaration holding that petitioners are entitled to succeed to the tenancy rights on land, hitherto, standing in the name of protected tenant, they cannot go to the next stage.

ORDER :

These two writ petitions are filed with identical prayers praying to direct the respondent No.4 to initiate legal proceedings on the application filed under Section 40 of the Telangana Tenancy And Agricultural Lands Act, 1950 (for short, ‘the Act, 1950). As the issue for consideration being the same, they are considered and disposed of by the common order.

2. Heard Sri L.Harish, learned counsel for the petitioners, learned Special Government Pleader, office of the learned Advocate General for the Respondents.

3. In W.P.No.14924 of 2021, petitioners claim that they are lineal descendants of Ram Reddy, who was protected tenant of land to an extent of Acs.4.12 guntas spread over Survey Nos.163, 164 and 165 (old Survey Nos.75, 76, 77, 78 and 79) of Kummera Village. According to petitioners, late Ram Reddy was having four children, late B.Venkat Reddy, late B.Anti Reddy, late B.Janga Reddy and late B.Ram Reddy. Eldest son late B. Venkat Reddy died at very young age. Late B.Anti Reddy being the next eldest son, his name was recorded as protected tenant after the death of Ram Reddy. Petitioners are sons of B.Kista Reddy. Petitioners claim that on the above extent of land, they are also entitled to be shown as protected tenants and to secure Section 38-E certificate. Claiming so, they made an application in May, 2021, acknowledged by the office of the District Collector on 17.05.2021. Alleging inaction, this writ petition is filed.

4. In W.P.No.15031 of 2021, petitioners claim that Talla Narsimhulu (1st petitioner), late Talla Anta Goud, late Talla Ramaswamy and late Talla Anjaiah were children of protected tenant. Petitioner No.2 is son of late Anta Goud, petitioner No.3 is son of late Ramaswamy and petitioner No.4 is son of late Anjaiah. After death of protected tenant, being eldest of sons, name of Talla Anta Goud was shown as protected tenant on land to an extent of Acs.4.12 guntas in Survey Nos.163, 164 and 165 (old Survey Nos.75, 76, 77, 78 & 79) of Kummera Village. As lineal descendants of protected tenant, all the family members are entitled to be declared as protected tenants of the total extent of land standing in the name of late Talla Anta Goud. Claiming so, they made application in May, 2021, acknowledged by the office of the District Collector on 17.05.2021. Alleging inaction, this writ petition is filed.

5. Learned counsel for the petitioners contends that late B.Anthi Reddy and late Talla Antha Goud were surviving elder family members on the day when protected tenancy register was opened and therefore instead of reflecting the names of all sons, for convenience only the eldest surviving sons of protected tenants were shown. Merely because the elder surviving sons names are reflected in the records, it cannot be said that they alone are to be treated as protected tenants and the claims of other family members as protected tenants cannot be ignored. Learned counsel for the petitioners therefore submits that the District Collector ought to have acted upon the applications submitted by the petitioners and ought to have taken remedial steps to grant the relief prayed by petitioners.

6. According to learned counsel for the petitioners, Section 40 of the Act, 1950 enables the lineal descendant to record his name as a protected tenant and the claim made by petitioners is in compliance with the provisions of Section 40 of the Act, 1950.

7. Learned counsel for the petitioners further contends that the issue arising out of the provisions of the Act, 1950 is to be decided by the revenue authorities only and the jurisdiction of the civil Court is ousted in view of Section 99 of the Act, 1950. Therefore, only the revenue authority has to consider such application. Therefore, there is no requirement to seek declaration about their entitlement to be treated as lineal descendants of the protected tenants and to seek appropriate relief.

8. Learned Special Government Pleader contends that the issue, whether petitioners are to be treated