THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION NO.1340 OF 2021

ORDER:

This Civil Revision Petition is filed by the petitioners aggrieved by the order, dated 05.12.2019 passed by the Joint Collector, Mahabubnagar in Appeal No.F1/23/2018.

2. Brief facts of the case are that petitioners are the legal heirs of the [Joint Patta holders] i.e., Sri Khandoba Naik s/o Govindu naik and Sri Ramchander Rao s/o Seshagiri Rao. Sri Khandoba Naik died on 02.08.1998 and Sri Ramchander Rao died on 06.04.1987, leaving behind the petitioners herein and respondent Nos.4 and 5 as their successors to their estate. The names of late Sri Khandoba Naik and that of late Sri Ramchander Rao were reflected as pattadars in the Khasra Pahani (1954-55). It is further stated that at the material time when the A.P (T.A) Tenancy and Agriculture lands Act, 1950 has come into operation, and even prior to that, one Sri G.Pentaiah s/o Sayanna was in possession of the entire extent of land to an extent of Acs.16.01 gts., in Sy.No.35 of Masigundlapally village of Midjil Mandal, and hence, he was declared as protected tenant. A tenancy certificate in Form No.VI of the Act was issued in his favour for the entire area of Acs.16.01 gts., in Sy.No.35 of Masigundlapally village of Midjil Mandal, Mahabubnagar District as per Khasra Pahani for the year 1954-55.

3. It is further stated that as per the orders issued in G.O.Ms.No.125 of 1973, dated 22.02.1973 and by virtue of his possession over the suit schedule lands on 01.01.1973, the protected tenant Sri G.Pentaiah was granted ownership certificate under section 38-E of the A.P(T.A) Tenancy and Agriculture Lands Act, 1950 (for short “The Tenancy Act”) for an extent of Acs.08.01 gts., from out of total extent of Acs.16.01 gts., leaving balance of Acs.08.00 gts., in Sy.No.35 of Masigundlapally village of Midjil mandal by the Revenue Divisional Officer, Mahabubnagar in Form No.11 of Tenancy Act vide RDO’s office, reference No.B/28/74, along with other Sy.Nos.36 and 42 of Masigundlapally village of Midjil Mandal.

4. It is further stated that in the Khasra Pahani for the year 1954-55, in the occupants column, the name of Mr.G.Pentaiah (protected tenant) is recorded, but in the certificate, his name is mentioned as T.Pentaiah, it may be by oversight or by the clerical mistake. It is further contended that the name of protected tenant in the Khasra Pahani being there mentioned as Mr.G.Pentaiah to an extent of Acs.08.00 under the Tenancy Act and Mr.G.Pentaiah was in possession of the remaining land for which he has no certificate. The issue now arose is that Mr.G.Pentaiah has sold away the property to the third parties and the petitioners made an application before the Joint Collector under section 10 of the Tenancy Act against the orders passed by the Tahsildar, Midjil Mandal in respect of the land in Sy.No.35 an extent of Acs.08.00 guntas.

5. In the said application filed by the petitioner, it is contended that Sri Tapa Pentaiah continued to be in possession over the said land as cultivator for the entire extent of Acs.16-01 guntas, as owner for an extent of Ac.8-01 guntas and for balance extent of Ac.8-00 guntas he continued his possession as a tenant, for which Ownership Certificate is not been issued. It is the contention of the petitioner before the Joint Collector that later on he sold away not only an extent of Ac.8-01 guntas in Sy.No.35 (for which he was granted Ownership Certificate under section 38-E of Andhra Pradesh (T.A.) Tenancy and Agriculture Lands Act – 1950 in Form No.II by the R.D.O. Mahabubnagar vide proceedings No.B/2874, dated: -NIL- in favour of G.Pentaiah), but also sold the balance extent of Ac8-00 Guntas of land in Sy.No.35 for which Ownership Certificate was not issued.

6. It is further contended that the land in Sy.No.35 measuring extent of Ac.8-01 guntas for Ownership Certificate has been issued under section 38-E of the Act, was sold to respondent Nos. 3 to 7, and the balance area