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2025 Supreme(Telangana) 936
IN THE HIGH COURT FOR THE STATE OF TELANGANA
Laxmi Narayana Alishetty, J.
M A Razak Hussain, S/o Late Ahmed Ali Siddiqui - Petitioner
Versus
The State of Telangana reptd., by its Principal Secretary, Revenue Department and others - Respondents
Writ Petition No.27379 of 2023
Decided On : 26-09-2025
For the Petitioner: Sri Vedula Srinivas, Learned senior counsel Ms. Vedula Chitralekha
For the Respondent: Assistant Government, Sri M.Surender Rao, Learned senior counsel appearing for Smt E.Subhavath
The Tahsildar's authority to grant succession under Section 40 of the Act, 1950, is valid in the absence of disputes among legal heirs, reaffirming adherence to natural justice.
Headnote:(A) Andhra Pradesh (Telangana Area) Tenancy and Agricultural Act, 1950 - Sections 32(2), 40, and 99 - The petitioner challenges the Tahsildar's order granting succession to the unofficial respondents, claiming violation of principles of natural justice and incorrect application of tenancy termination. (Paras 3-5, 21, 27)
(B) Natural Justice - The court finds no violation as the petitioner did not provide required evidence or attend hearings, leading to a dismissal of claims regarding procedural lapses. (Paras 29-34)
Facts of the case:
The writ petition concerns land tenure disputes post-termination of tenancy rights of a protected tenant and claims surrounding succession rights after the tenant's death, which the Tahsildar adjudicated.
Findings of Court:
The impugned order is upheld due to lack of merit in the petitioner's claims concerning procedural inadequacies.
Issues: The primary issues addressed include the scope of tenancy termination, authority of the Tahsildar under Section 40 for granting succession, and adherence to natural justice principles.
Ratio Decidendi: The Tahsildar's decision to grant succession was deemed valid as there were no disputes among legal heirs regarding succession rights, and the court found procedural correctness in the application of relevant law by the Tahsildar.
Result: Writ Petition dismissed.
| Table of Content |
|---|
| 1. writ petition seeks to quash an arbitrary order. (Para 1) |
| 2. background on tenancy, ownership, and legal actions. (Para 3) |
| 3. counter argues against petitioner's claims on tenancy. (Para 4) |
| 4. petitioner's arguments on natural justice violations. (Para 5 , 6 , 7) |
| 5. unofficial respondents argue legitimacy of succession. (Para 9 , 10 , 11) |
| 6. issues for determination listed. (Para 13) |
| 7. court's analysis of evidence regarding tenancy termination. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 8. legal heirs entitled to succession under the act. (Para 21 , 22 , 23) |
| 9. court affirms tahsildar's authority under section 40. (Para 24 , 25 , 26) |
| 10. analysis of natural justice claims by petitioner. (Para 27 , 28 , 29 , 30 , 31) |
| 11. court denies writ petition based on procedural adherence. (Para 32 , 33 , 34) |
| 12. writ petition dismissed, alternatives remain available. (Para 36 , 37) |
ORDER :
Laxmi Narayana Alishetty, J.
This Writ Petition is filed seeking to quash the order, dated 23.09.2023, in Case No.G/12320/2018, passed by respondent No.3 by declaring the same as illegal and arbitrary and consequently, to direct respondent No.3 to act in accordance with the directions of this Court in CRP.No.539 of 2010, vide orders, dated 11.08.2017.
2. Heard Sri Vedula Srinivas, learned senior counsel appearing for Smt. Vedula Chitralekha, learned counsel-on-record for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri M.Surender Rao, learned senior counsel appearing for Smt. E.Subhavathi, learned counsel-on-record for respondent Nos.5 to 22.
3. The brief facts of the case, as averred by the petitioner in the writ affidavit are that originally, his father-Ahmed Ali Siddiqui was owner of land admeasuring Acs.59-30 guntas in Sy.No.396 of Chattanpally Village, Farooqnagar Mandal, Ranga Reddy District; that one Katika Gopoji was the protected tenant of that land, but he was in possession of land only to an extent of Acs.27.16 guntas; that since the said protected tenant sub-leased a part of land to one K.Sayanna, the original owner terminated the tenancy in respect of the entire land by notice dated 07.10.1968 and filed an application before the Tahsildar for recovery of possession under Section 32 (2) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Act, 1950 (for brevity, hereinafter referred to as ‘the Act, 1950); that subsequently, Sy.No.396 was sub-divided into Sy.Nos.652 to 657 and the protected tenant was in possession of land in Sy.Nos.652, 656 and 657 and he was not in possession of land in Sy.Nos.653, 656 and 655; that an enquiry was conducted by then Tahsildar, who, by order dated 19.02.1974 terminated the tenancy and directed eviction of protected tenant-Gopoji as well as his sub- tenant; that consequently, the name of Gopoji was rounded off and thus, the protected tenancy stood terminated. The said proceedings were challenged by the protected tenant-Gopoji before the Revenue Divisional Officer, Mahabubnagar in File No.B7/1/1974, but the same was dismissed and he has further challenged the said order in CRP.No.1136 of 1975 before the erstwhile High Court of Andhra Pradesh and the said Revision Petition was also dismissed on 07.04.1976.
3.1. It is further averred that after the death of Gopoji, his grandsons by name Ramchanderji, Kondaji, Nagoji and Baloji made an application to Tahsildar on 03.02.1990, under Section 32 (1) of the Act, 1950, for restoration of possession in respect of land in sy.No.396(old), however, the same was closed on 07.11.1998 on the ground that the sole respondent therein-Ahmed Ali Siddiqui, i.e., father of petitioner, expired and hence, the petition is abated. That later, when legal representatives of Gopoji filed an application in October, 2006 before the M.R.O. for supply of certified copy of order dated 07.11.1998, a Memo dated 18.10.2006 was issued informing them that the said file is not traceable; that basing on the said memo, an appeal was fil
