THE HONOURABLE SMT. JUSTICE K. SUJANA

COMMON ORDER

Since all these Civil Revision Petitions are remanded by the Hon’ble Supreme Court arising out of the common order dated 05.08.2010 passed in Civil Appeal Nos.6489, 6490 and 6491 of 2003 for recording a finding whether there was any satisfaction of the Tahsildar in connection with the alleged relinquishment, they are analogously heard together and being disposed of by this common order.

2. Civil Revision Petition No.956 of 1994: This Civil Revision Petition is filed by the petitioners to set aside the order dated 21.02.1994 passed in Case No.C3/JC/ROR/1/93 by the Joint Collector, Nalgonda (for short, ‘the appellate Authority’). By the impugned order, the appellate Authority has set aside the order dated 19.08.1983 passed in Case No.6 of 1979 by the Tahsildar, Alair (for short, ‘the primary Authority’).

3. Civil Revision Petition No.957 of 1994: This Civil Revision Petition is filed by the petitioners to set aside the order dated 14.02.1994 passed in Case No.C3/JC/TA/25/93 by the Joint Collector, Nalgonda (for short, ‘the appellate Authority’). By the impugned order, the appellate Authority has set aside the order dated 19.08.1983 passed in Case No.1 of 1979 by the Tahsildar, Alair (for short, ‘the primary Authority’).

4. Civil Revision Petition No.1521 of 1994: This Civil Revision Petition is filed by the petitioners to set aside the order dated 04.04.1994 passed in Case No.C3/JC/TA/23/92 by the Joint Collector, Nalgonda (for short, ‘the appellate Authority’). By the impugned order, the appellate Authority has set aside the order dated 19.08.1983 passed in Case No.2 of 1979 by the Tahsildar, Alair (for short, ‘the primary Authority’).

5. For the sake of convenience, hereinafter, the parties will be referred to as arrayed before the appellate Authority.

6. The brief facts of the case are that the petitioners are the protected tenants of the land bearing Survey Nos. 45, 46 (hinjumle), 109, 110, 111, 118, 120 and 121 (minjumle), situated at Bahadurpet village, Taluk Alair. In the year 1975, the respondents, in collusion with the patwari of the village, illegally occupied the schedule lands. Since the respondents are not vacating the schedule lands, the petitioners approached the primary authority for restoring their possession in respect of the schedule lands and also filed copy of panchanama and 38-E ownership certificate in support of their case. It is alleged that though the petitioners relinquished their rights as protected tenants, their names were not deleted from the records of the protected tenant register. The primary authority, having observed that the petitioners are protected tenants and certificate holders of ownership which was issued under Section 38-E of the Tenancy Act after conducting panchanama in respect of the schedule lands, concluded that the respondents are illegal occupants of the schedule lands and ordered to restore the possession of the schedule lands to the petitioners by evicting the respondents. Aggrieved by the same, the respondents approached this Court in W.P.Nos.7424 of 1993, 7445, 7446 and 7253 of 1983, wherein this Court disposed of the Writ Petitions giving opportunity to the writ petitioners/respondents to file appeals before the competent authority. Accordingly, the respondents approached the appellate authority, wherein, the order passed by the primary authority was set aside. Hence, the present revision petitions.

7. This Court vide common order dated 06.12.1999 and order dated 31.12.1999 dismissed the Civil Revision Petitions. Dissatisfied with the same, the petitioners filed Civil Appeal Nos.6489, 6490 and 6491 of 2003 before the Hon’ble Supreme Court, wherein, these revision petitions are remanded to this Court for recording a finding whether there was any satisfaction of the Tahsildar in connection with the alleged relinquishment.

8. Heard Sri. Ashok Reddy, D.Suresh Kumar and Sri Kotta Raghavendra Prasad, learned counsel for the petitioners