ORDER :

This writ petition is filed praying to grant the following relief:

“To issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd and 3rd respondents in not accepting the application of the petitioner and others as filed under Sections 38-E(2) and 40 of the Tenancy Act, 1950 for seeking succession and restoration of possession of Acs.25.14½ guntas of agriculture land in Sy.Nos.414, 415, 416 and 417 of Tummaluru village, Maheshwaram Mandal, Ranga Reddy district, though the 3rd respondent is having jurisdiction to entertain such an application, as illegal, unlawful, contrary to law and consequently direct the 2nd and 3rd respondents to take the application dated 01.04.2021 of the petitioner on file and issue notices to all concerned and decide the same as per law, and pass such other order or orders which are necessary in the interest of justice.”

2. Heard Mr. M.Damodar Reddy, counsel for petitioner and the learned Assistant Government Pleader for respondents 1 to 3.

3. According to the petitioner, his father late Voggu Chinna Mallaiah was the protected tenant of land in Sy.Nos.414, 415, 416 an 417 of Tummalur village, Maheshwaram Mandal, Ranga Reddy district and in recognition of his tenancy rights of inam land, his name was included in the protected tenancy register and he was issued Certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, (for short, the Act, 1950) on 23.07.1975 on land to an extent of Acs.50.29 guntas. He was in enjoyment of the said land till his death on 21.02.2000. After the death of Voggu Chinna Mallaiah, petitioner, Mr. V.Shankar, and two daughters succeeded to the tenancy rights of late Voggu Chinna Mallaiah. However, Acs.25.14½ guntas have been in illegal occupation of the third parties depriving the entitlement of the petitioner to enjoy the entire extent of land, compelling the petitioners to confine to cultivation of only to Acs. 25.14½ guntas. As the occupation of the land belonging to a tenant is illegal, petitioner, his brother and sisters filed application before the Tahsildar under Section 38-E (2) read with Section 40 of the Act, 1950 requesting the Tahsildar to conduct enquiry to recognize the applicants as legal heirs of the original protected tenant and to restore the physical possession on land to an extent of Acs.25.14½ guntas. The Tahsildar refused to receive application under Sections 38(E)(2) and 40 of the Act, 1950 sought to be presented on 01.04.2021. Therefore on the same day, application was filed before the District Collector through their Advocate requesting to forward the application and to direct the Tahsildar to dispose of their application. Alleging in action, this writ petition is filed.

4. Shorn of details, according to the petitioner, he and his siblings having succeeded to tenancy rights of late Voggu Chinna Mallaiah, who was granted 38-E certificate, are entitled for recognition as legal heirs of protected tenant under Section 40 of the Act, 1950 and are also entitled for restoration of possession of land to an extent of Acs.25.14½ guntas, which was forming part of the total extent of Acs.50.29 guntas of Tummalur village, covered by Section 38-E certificate dated 23.07.1975.

5. There are two aspects to the claim of petitioner. Firstly, the entitlement of the petitioner per se for restoration of possession of land alleged to have been illegally occupied by the third parties; and secondly, whether petitioner is entitled to relief of direction to the Tahsildar to take steps for restoration of land in issue by exercising powers under Section 38-E (2) of the Act, 1950.

6. Sections 38-E (2), Section 38 –E (2) A certificate in the prescribed form declaring him to be owner shall be issued by the Tribunal after holding such enquiry as may be prescribed, to every such protected tenant and notice of such issue shall simultaneously be issued to the landholder. Such cert