An application in prescribed format is essential for considering claims under tenancy legislation.

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents.

2. It is the case of the petitioner that she is the protected tenant of land admeasuring Acs.25.18 gts situated in Survey No.443 of Tangutoor Village, Shankarpally Mandal, Ranga Reddy District and she also claims to have been in peaceful possession and enjoyment of the said extent of land. The petitioner also claims to have approached the revenue authorities by submitting representations dated 13.07.2022 and 16.08.2022 to grant patta certificate in respect of the said extent of land under Section 38E of Telangana Tenancy and Agricultural Lands Act, 1950 , but said application is still pending consideration before the respondents and hence seeks appropriate orders directing the respondents to consider the said application submitted by the petitioner for issuance of ownership certificate under Section 38E of Telangana Tenancy and Agricultural Lands Act, 1950 .

3. A perusal of the material on record shows that the grandson of the petitioner herein have submitted a representation dated 16.08.2022 before respondent No.4 herein claiming that the petitioner herein was recorded as protected tenant in respect of the said land in Survey No.443, but she was not issued ownership certificate under Section 38E of Telangana Tenancy and Agricultural Lands Act, 1950 , and requested for issuance of such ownership certificate in the name of the petitioner herein.

4. The present Writ Petition is filed complaining non consideration of the said representation said to have been submitted by the grandson of the petitioner herein. Under the facts and circumstances of the case , this Court is of the considered view that in order to claim the issuance of ownership certificate under Section 38E of Telangana Tenancy and Agricultural Lands Act, 1950 , it is obligatory on the part of the petitioner to submit the application in the prescribed format before respondent No.4 herein. In the absence of any such application submitted by the petitioner in the prescribed format, the question of directing respondent No.3 to consider the said representation or application submitted by the grandson of the petitioner does not arise.

5. Taking into consideration the submissions made on either side, the Writ Petition is disposed of permitting the petitioner to submit an application for grant of ownership certificate under Section 38E of Telangana Tenancy and Agricultural Lands Act, 1950 within a period of two weeks from the date of receipt of a copy of this order and on submission of such application, respondent No.4 herein shall consider the same in accordance with law and pass appropriate orders thereon by affording an opportunity of hearing to all parties concerned within a period of three (3) months from the date of submission of such application by the petitioner.

5. It is further made clear that this Court has not expressed any opinion on the entitlement or disentitlement of the petitioner herein for grant of ownership certificate in respect of the subject land and it is for the respondent No.4 to consider the same on its own merits.

Miscellaneous applications, if any, pending shall stand closed. There shall be no order as to costs.