ORDER :

This Revision is filed under Section 28 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short, ‘the Act’) challenging the order dt.04.02.2017 in File No.MDL/F1/5623/2015 of the Joint Collector, Malkajgiri-Medchal District, passed under Section 24 of the said Act, confirming the order dt.19.02.1982 of the Revenue Divisional Officer, Hyderabad (East) Division in File No.H/206/1976. 2. One Thota Balakrishna Reddy, father of respondent nos.3 to 6 obtained from the Revenue Divisional Officer, Hyderabad (East) Division vide proceedings H/206/1976 dt.09.02.1982 Occupancy Right Certificate under the Act in respect of in respect of land in Survey No.53 of extent Acs.4.24 gts., Survey No.54 of extent Ac.0.13 gts., Survey No.55 of extent Ac.0.11 gts., and Survey No.56 of extent Acs.14.08 gts., totaling Acs.19.16 gts. at Jeedimetla village, Qutbullapur Mandal, Medchal District (for short ‘the subject property’) as well as Acs.3.37 gts. in Survey No.61 and Acs.7.32 gts.

in Survey No.62 of Jeedimetla Village.

Petitioners’ case in the appeal :

3. The petitioners herein challenged the above order granted in favour of Thota Balakrishna Reddy by filing appeal under Section 24 of the Act before the Joint Collector, Malkajgiri-Medchal Mandal.

4. Petitioners claim to be the legal heirs of one Mandala Yettaiah, S/o.Mandala Lachamaiah. According to the petitioners, Mandala Lachamaiah was a protected tenant of the above lands; he died on 18.01.1961; and after his death Mandala Yettaiah inherited the lands; and vide proceedings No.B/362/75 dt.20.03.1975, the Additional Revenue Divisional Officer, Land Revenue, Hyderabad (East) granted to Mandala Yettaiah, Certificate of Ownership under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950.

5. They contend that ownership of the Acs.19.16 gts. in the above Survey numbers.53 to 56 of Jeedimetla Village, Medchal Mandal was thus transferred to Mandala Yettaiah and since then they were in peaceful possession and enjoyment of the said lands by doing agriculture.

6. Petitioners contend that Thota Balakrishna Reddy owned land of Acs.9.36 gts. in Survey Nos.61 and 62 of Jeedimetla Village; Mandala Yettaiah died on 10.03.1981; petitioners approached the Tahsildar for mutation of land on their names, but the authorities dodged the matter on one pretext or the other; prior to 2015, they came to know that the names of respondent nos.3 to 6 were noted in the Revenue Records; petitioners filed WP.No.19611 of 2015 before this Court which was dismissed on 01.07.2015 directing the petitioners to avail remedy of appeal under Section 24 of the Act; and so, they preferred the appeal before the Joint Collector, Malkajgiri-

Medchal Mandal.

7. They alleged that Thota Balakrishna Reddy manipulated the Revenue Records behind the back of the petitioners and fraudulently obtained Occupancy Certificate under the Act vide proceedings H/206/76 dt.19.02.1982 without notice to petitioners and the Revenue Divisional Officer did not properly verify the records before passing the said order.

8. According to them, Thota Balakrishna Reddy claimed to have purchased the lands from Mandala Lachamaiah on 08.07.1957 under a simple unregistered sale deed, but since Mandala Lachamaiah was only a protected tenant over the land, he did not have any right to sell it under the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950.

9. They contended that if he wanted to sell the property, he can only surrender his protected tenancy rights to the land holder J. Venkateswara Rao and not to any third-party such as Thota Balakrishna Reddy, and the said sale is invalid in law.

10. According to them, no permission was taken from the Tahsildar under Section 47 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and for the said reason also, the said sale is not valid. They also contended that the said sale was not validated under Section 50-B of the A.P. (Telangana Area)