HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11364 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a writ order or direction particularly in the nature of Writ of Mandamus directing the respondents to issue Protected Tenancy Rights to the Petitioner by way of succession as he is the legitimate lineal decedent of the original protected tenant for Ac.8.37 guntas of land in Sy.No.67 of Athkur Village, Peddamul Mandal, Vikarabad District by declaring the inaction of the respondents in issuing the Protected Tenancy Rights to the Petitioner by way of succession as illegal and arbitrary in the interest of justice.…”

2. It is the case of the petitioner that his predecessors-in- interest are the protected tenants of lands admeasuring Ac.8.37 guntas in Sy.No.67 situated at Athkur Village, Peddamul Mandal, Vikarabad District, and the respondent authorities have issued proceedings vide No.A/288/92 dated 29.09.1993 in their favour under the Telangana Tenancy and Agricultural Lands Act, 1950 (for short ‘Act, 1950’) and the Rules made thereunder. It is further case of the petitioner that being the successor-in-interest, he is entitled for granting succession certificate under Section 40 of the Act, 1950, in respect of the said lands, therefore, he submitted representations dated 09.10.2024 and 16.12.2024 for granting succession in his favour in respect of the subject lands, but even after receiving the said representations, the respondent authorities are not considering the same. Hence, this writ petition.

3. Learned counsel for the petitioner submits that as the respondent authorities have issued proceedings vide No.A/288/92 dated 29.09.1993, in favour of the petitioner’s grandfather, there is no embargo for the Tahsildar to conduct enquiry for granting succession certificate in favour of the petitioner under the provisions of the Act, 1950, as the petitioner is the successor-in-

interest of the original tenant.

4. On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed the powers conferred on the Tahsildar for conducting inquiry for issuance of succession certificate under the provisions of the Act, 1950 in favour of the petitioner.

5. Considered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record.

6. In view of the same, this Court deems it appropriate to dispose of this writ petition directing the respondent authorities to consider the representations submitted by the petitioner, and if the said representations fulfill all the requirements under the provisions of the Act, 1950, the respondent authorities shall conduct inquiry for issuance of succession certificate in favour of the petitioner. If the said representations have not satisfied the requirements, the respondent authorities shall pass a reasoned order strictly in accordance with law and communicate the same to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. With the above observations, this writ petition is disposed of.

No order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________ C.V.BHASKAR REDDY, J Date: 18.06.2025 sus