The High Court · 2025

15. Vanguri Srikanth, S/o Gopal aged 30 years, Occ. p ivate Employee R/o Peepalpahad vrllage, Choutuppaf Mandal yadadri Bhong ri District.' (fi]9^t"^1q dt.0110412024 in IA NO.'1l2019) 9Je.!rgy^Oh.t on record as LRs of the d'ece:sed pg as per C O., ...PETITIOt.IERS/PETITIONERS AND

1. P.akeeru .Anji Rggdy, S/o Papaiah R/o peepatpahad viilage, Choutuppat Mandal Yadadri Bhongiri District.

2. Pakeeru.Anji Rgldy, S/o Rangaiah R/o peepalpahad viilage, Choutuppal Mandal Yadadri Bhongiri District. 3 Thukkam. Anji Reddy, S/o Ramaiah R/o peepalpahad village. Choutuppal Mandal Yadadn Bhongiri District. MandaI Yadadri Bhongiri District. a Fpmmiij.nchi Reddy, S/o Venkaiah R/o peepatpahao viilage, Choutuppat 5 Fgmmi,aj.Narsi Reddy, S/o Achi Reddy R/o peepatpahac village, Choutuppal Mandal Yadadri Bhongiri District.

6. Kande Laxmaiah, S/o Late Papaiah R/o peepalpahad village, Choutuppal lvlandal Yadadri Bhongiri District (Died)

7. Kande Sathaiah, S/o Late Papaiah R/o peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District. B. K.ande Venkatesham, S{o Late Papaiah R/o peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District. (Died) 9 Kande,Anjaneyuly S/o Late Papaiah R/o peepalpahad village. Choutuppal Mandal Yadadri Bhongiri District (Died)

10. Yerra Buchaiah, S/o Pentaiah R/o peepalpahad village, 3houtuppal Mandal Yadadri Bhongiri District.

11.Y.erra Narsamma, wo shivaiah R/o peepalpahad village, choutuppal Mandal Yadadri Bhongiri District. l2.Pakeeru Ranaiah, s/o Yettaiah R/o peepalpahad village Jhoutuppal Mandal Yadadri Bhongiri District.

13. Thukkam Chukkamma, Wo Late Ramaiah R/o pe,-,palpahad village, Choutuppal Mandal Yadadri Bhongiri District.

14.Y-erra Narsaiah, S/o Gopaiah R/o peepalpahad village, ()houtuppar Mandar Yadadri Bhongiri Diskict.

15. Yerra Murthamma, W/o Late Chandraiah R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District. 16,Yerra Mallaiah, S/o Ramaiah R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

17.Yeffa fi/allaiah, S/o Gopaiah R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District. (Died)

18. Yerra Jangaiah, S/o Rangiah R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri Diskict. '19.Yerra Anjamma, Wo Muthyalu R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

20.Yerra Muthaiah, S/o Ramaiah R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

21. Pantoh Gola, S/o Vutti R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

22. Pangothu Gola, Sio Lala R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

23. Pangothu Hariya, S/o Lala R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal fvlandal Yadadri Bhongiri District.

24. Pangothu Pandu, S/o Lala R/o Dubbgundla Thanda Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

25. Pangothu Sura, S/o Lala R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

26.Pangothu Panthu, S/o Lala R/o Dubbgundla Thanda Hio. Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District. 2T,Pangothu Soma, S/o Ramu R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

28. Pangothu Duda, S/o Ramu R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

29.Pakeeru Sathaiah, S/o Papaiah R/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

30.Pangothu Roopla, S/o Bichay R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

31. Pangothu Harilal, S/o Bichya R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

32.Pangothu Dharma, S/o Devla R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

33.Pangothu Sakku, S/o Soma R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppal Mandal Yadadri Bhongiri District.

34.Pangothu Jaithya, S/o Soma R/o Dubbgundla Thanda H/o Peepalpahad village, Choutuppat Mandal Yadadri Bhongiri District. 35 Pangothu Bheekya, .S/o. D.e_vla R/o_ Dubbgundla Thar da H/o.peepalpahad vrilage, Choutuppal Mandal yadadri Bhongiri District.

36.Pangothu !qty, S/o Hunyq RIg Dubbgundta Thanda H/o peepatpahad viilage, Choutuppal Mandal yadadri Bhongiribistrict. 3T.Pangothu Ramuru, S/o Hunya R/o Dubbgundra Than Ja H/o peeoaroahad village, Choutuppal Mandal yadadri Bhongi;i District.

38. Pangoth_u Lakku, S/o fju.nya n{g village, Choutuppal Mandal Yadadri Bhongiri District, ^Dubbgundla . Than<,a H/o peepalpahad 39 Pangothu Lachu, S/o F.l u.nya . R{g Dubbgundta Thancra H/o peepalpahad village, Choutuppat Mandal Yadadri Bhongiri District.

40.??lg9t[r. llllvr,, F/o Jas.na. R/o_Dubbgundta Thanca H/o peepatpahad vt age, Unoutuppat Mandal yadadri Bhongiri District.

41. Panghothu. Jeela, S/o Jagna .R/o Dubbgundla Thanda reepalpahad village, Choutuppal Mandal yadadri Bhongiri DisTrict. 42 Pangothu Gunna, S/o Jagna. R/o_Dubbgundla Thand: H/o peepalpahad village, Choutuppal Mandal-yadadri Bhongiri District. 43 Pangothu Baddu, S/o. {qql".n{q Dubbgundla Thandir H/o. peepalpahad village, Choutuppal Mandal yadadri Bhongiri District. 44 Pangothu Panthu, S/o Jagna. R/o _Dubbgundla Thandr H/o peepalpahad village, Choutuppal MandalYadadri Bhongiri District

45. The Revenue Divisional officer, (Bhongir) Now C routuppal, yadadri Bhuvanagiri district.

46. The Joint Collector, Yadadri Bhuvanagiri District 47. The Tahasildar, Choutuppal Mandal, yadadri Bhuvanagirr district. ...RESPONDEN'-S/RESPONDENTS lA NO: 3 OF 201 I Petition under section 'r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ine Hign court may be preased to direct to cancel all the certificates issues in favoui of the Frespondents under section 38-E of the A p (T A) Tenancy And Agricurture Act 1956 by issuing ihe 38-E. certificates to the petitioners in respect oilands in Sy.No;. 17 to n, 4d, $, 46,47,48,5, 45, 105, 106, .133, 246,247,248,24s, ZiZ, tto, 153, 154, i58, 157 ' 173' 175, 176 and 183 to an extent ofAc. 20-00 gts of p:eparpanao uirtag. of choutuppal Mandar, yadadri-Bhuvanagiri District pending di;posar of the cRp. Counsel for the Petitioners: Sri G. Venkat Narayana represen ting Sri Somavarapu Satyanarayana Counsel for the Respondents: The Court made the following: ORDER THE HONOURABLE DT. JUSTICE G.RADHA RANI CIVIL REVTSION PETITION No.2603 of 2019 ORDER: This Civil Revision Petition is filed by the petitioners aggrieved by the order dated 22.04.2019 in Case No.F2l132812008 passed by the Joint Collector, Bhongir and the order dated 09.03.2007 passed in Case No.B/2232/2006 by the Revenue Division Officer (for short "RDO"), Bhongir.

2. The petitioners are challenging the order passed by the Joint Collector, Bhongir and by the RDO, Bhongir against the respondents 4, 12, 13 and 29, who obtained 38-E certificates in respect of the land ofthe petitioners.

3. During the pendency of the petition, the pctitioner No.9 died and his legal representatives were brought on record as petitioners l3 to 15.

4. It was reported by the learned counscl lbr the petitioners that the respondents 4, 12 and 13 died and their legal reprcsentatives were brought on record. The LR of respondent No.4 was brought on record as respondent No.5. The LR of respondent No.l2 was brought on record as respondent No.2 and the LR ofrespondent No.13 was brought on record as respondent No.3. -I 2 Dr.GRR, J crp_2603_2019

5. Notices were served on respondents I to 3, 5, 15, l ti. I 9, 22 to 29, 31 to 34,36 to 40 and 4l to 47. But there is no represcntation for thern.

6. Heard Sri G.Venkat Narayana, leamed cc unscl representing Sri Somavarapu Satyanarayana, leamed counsel for the petitioners on record 7 . Leamed counsel for the petitioners submitted that a the petitioners were legal representatives of original protected tenant i.e. van.3uri venkaiah, who died in the year 1978. His sons Vanguri Narahari and Vz nguri Arjun Kumar also died and the petitioners 8, 9, l0 and r 1 inherited the pr( )perries and became the protected tenants as per Section 40 ofthe Ap (TA) Tenar cy and Agriculturar I-ands Act (for short ,,the Act,,), 1950. 7 '1. Leamed counsel for the petitioners further submitted hat the RDo in the provisional list mentioned the name of vanguri venkaiah :Ls protecred tenant, but in the final list issued ownership certificates undcr secti,rn 3g-E in favor of respondents 3, 4, 12 and 13. The respondents claiming as purchasers, filed ryotwari passbooks, which would show that varakantham In, lrascna Reddy was paftedar and the respondents were recorded as purchasers. H,.further contended that the respondents never claimed them as protected tenants in their counter before the Joint Collector. The.-BDO specifically ob served that afler verification of the documents, the names of the above resJ ondents were not recorded as protected tenants in any comer, but in the san e para No.33, he 3 Dr.GR& J crp_2503 2019 observed that "to avoid tengthy litigation in observation with the pahanies, it was decided to issue ownership rights". The order of RDO was confirmed by the Joint Collector simply observing that it was not necessary to interfere in the order passed by the RDO, Bhongir. The order passed by the RDO, Bhongir, was illegal, as ownership certificates under Section 38-E.of the Act, 1950 would be issued to the protected tenants, but not to purchasers. The respondents herein were not protected tenants either as per Section 34 or 40 of the Act, 1950. The purchasers could not become protected tenants. No notices were issued to the petitioners before preparing final list and the names of the respondents were illegally entered as purchasers. No documents were filed by the respondents to show their purchase from the pattcdar. The respondents immediately after obtaining 38-E certificates had sold the lands to third parties. The Encumbrance Certificate would clearly show the said fact. Selling lands to third parties was also in violation of Section 48-A of the Act and prayed to cancel the said certificates issued by the RDO, Bhongir, which were confirmed by the Joint Collector, Bhongir and relied upon the judgment of the erstwhile I{igh Court of Andhra Pradesh in Akula Pattaiah and others v. Harkala Mallaiah and othersl

8. Perused the record. '2007 (2) lJ-D20 I Dr.GRR, J crp_2603 2019 9. As seen from the record, the protected tenants filtd a petition under 4 Section 38-E (2) of the Act, 1950 before the RDO, Bhongir to issue ownership certificates stating that they were in possession and enjoyn.cnt over the above lands since 1940 and that their names were recorded as prol(,cted tenants for the above lands and provisional certificates were also issued n their favor, they were also eligible for issuance of final certificate under Sect on 3 8-E of the Act. The RDO after conducting a detailed enquiry, recording the r,tatements of all the protected tenants. their legal representatives and thc patted rrs of Pccpalpahad Village of Choutuppal Mandal and on considering thc obj,:ctions fited by Sri Varakantham Indrasena Reddy before the Land Reforms Tribunal, Ramannapet and the swom statement of the Additional RDO, Ramannap t that the schedule lands were not in possession or enjoyment of the oril.inal declarant Sri Varakantham Indrasena Reddy and after examining the pr ovisional list, held that the protected tenants' lands were not in possession of the declarant / landlord. After deletion of the protected tenants' lands fronr the holding of the declarant, the declarant / landlord had lost all his rights ovt r the schedule "8" lands and the Govemment became the owner of the sched tle "B" lands until and unless, the ownership certificates were obtained by th: protected tenants under Section 38-E of the Act and as the landlord was no way concerned to claim his share or right or any other benefit from the protect( d tenants, held that the landlord was not having -y.ifr1g "taim his Hissa on sc hedule "B" lands. 5 Dr.GR& J crp-2503-2019 l0.Butwhileconsideringtheclaimsoftheprotectedtenantsandtheirlegal representatives,theRDohadalsoconsideredtheclaimsofthirdpartiesSri Pakeeru Rangaiah, Pakeeru Sathaiah, Bommidi Achaiah' Thukkam Chukkamma, Thukkam Anji Reddy and Thukkam Arjun Reddy' who attended as interested parties and requested to issue 38-E certificates, claiming that they were owners of Survey Nos.150, 152, 153, 154, 155, 157' 173' 175' 176 and l83.TheRDOrecordedtheirjointstatements,whereinitwasstatedthatthe above persons deposed that they were share holders to Vanguri Venkaiah' who wastheoriginalprotectedtenantandthattheyjointlystatedthattheygotry,thu passbooks issued by the then Tahsildar, Ramannapet'

11. The RDO recorded that the above persons deposed that the protected tenant Vanguri Venkaiah acted as mediator between the landlord and them and amountswerecollectedbyVanguriVenkaiahonbehalfofthelandlord,assuch, StatedthattheyweretheshareholderstoVanguriVenkaiahandobtainedrythu passbooks from the then Tahsildar, Ramannapet The RDO further noted that after verification of the documents filed, the names of the above persons were not recorded as protected tenants in any corner' But the pctitioners were claiming that they were the shareholders to Vanguri Venkaiah and that the above persons made many requests to the legal representatives of Vanguri Venkaiah for attending the Court, but in vain' After verifling the slatement of Sri Varakantham Indrasena Reddy, the above petitioners i'e' Pakeeru Rangaiah' 6 Dr.GR& J crp_2603 2019 Thukkam Chukkamma, Bommidi Atchi Reddy and Pakeeru Sathaiah claimed Survey Nos.173, 176, 150,, 183, 152, 153 and 154 and tl,eir possession was verified in the pahanies and found that they were enjoyers r ver their rcspective lands. To avoid lengthy litigation, in accordance with tlre pahanies, it was decided to issue ownership rights.

12. The revision petitioners herein filed a revision beforc the Joint Collector against the orders of the RDO, Bhongir and the Joint C<r [ector in his order dated 22.04.2019 held that: "[t is observcd that the RDO, Bhongir has conducted e,aborate and detailed enquiry while issuing the 38-E certificates rnd also obtained the joint statements of the legal heirs and p'otected tenants. 'l'he appellants not produced any document in support of their claim. The RDO, Bhongir has discussed lhr matter thoroughly and divided the shares among the protected tenants and it is opined that the shares have been worked out p.operly. It is also opined that entertaining an appeal and un-seu ling the settled rights aftcr long lapse of time is not proper at tf is point of time" and dismissed thc revision.

13. Aggrieved by the said dismissal of their revision petiti )n, the petitioners - appellants preferred this revision petition before this Court.

14. Learned counsel lbr the petitioners relied upon th ) judgment of the erstwhile High Court of Andhra Prade$ t'n Akula Pattarah and others v. , / 7 Dr.GRR, J crp 2603_2019 Harkala Mallaiah and others (cited supra) on the aspect that Section 38-E contemplates issuance of a certificate only to protected tenant, but not to anybody else. When the respondent No.l admittedly was not a protected tenant, but only claimed to be a purchaser from pattedar, the order granting certificate under Section 3 8-E to respondent No. I was liablc to be set aside.

15. In the above judgment on considering the definition of protected tenant as laid down under Section 2 of the Act and as per Section 34 of the Ac! the persons, who can be treated as protected tenants and which does not include that a purchaser from the owner of the land could not be treated as protected tenant and by also considering the definition of tenant under Section 2(V) of the Act and persons, who were deemed to be tenants, defined in Section 5 of the Act, does not also state that a purchaser from the pattedar would be a tenant within the meaning of the Act, held that: "Therefore, a purchaser of land from a land holder cannot be treated either as a tenant or a protected tenant, for him to invoke the jurisdiction of the Tribunal for a certificate under Section 38-E ofthe Act. "

16. The erstwhile High Court of Andhra Pradesh also placed reliance upon its earlier judgment in lCVenkateswara Rao v. J.Pullaiah |979 APHN 2211, wherein also it was held that ownership certificates can be granted to protected tenants, observed that, a protected tenant only is entitled to ownership rights, I 8 Dr.GRR, J crp]603 2019 subject to the conditions laid down in Section 38-E of the Act, and not anybody else.

17. In view of the above citation relied by the ieamed counsel for the petitioners, wherein on considering the provisions of the A(t, 1950, it was held that "a purchaser of a land from a landholder cannot be trealed either as a tenant or a protected tenant". As the respondents herein were not protected tenants as per Sections 14 / 40 of the Act, the issuance of ovvnershi: certificates to the respondents, who wcre purchasers, is considered as illegal ard improper.

18. Learned counsel for the petitioners further hel<i that as per the Encumbrance Certificate filed by them at page Nos.82 to 84 of the papers in C.R.P. No. 2603 of 201 9, the respondents sold their lar rds to third parties immediately after obtaining 38-E certificates. As the same \vas also in violation i of Section 48-A of the Act, 1950, it is considered fit to set erside the order dated

22.04.2019 passed in Case No.F2l132812008 by the Joint Collector, Bhongir and the order dated 09.03.2007 passed in Case No. 81223212006 by the Revenue Division Ollice. Bhongir.

19. In the result, the Civil Revision Petition is allowed seling aside the order dated 22.04.2019 passed in Case No.F2/1328/2008 by the Joint Collector, Bhongir and the order dated 09.03.200!assed in Case No. 8/223212006 by the Revenue Division Officer, Bhongir. No order as to costs. I Ir 9 Dr.GR& J crp_2603_2019 As a sequel, miscellaneous applications pending in this petitioq if any, shall stand closed. ,r,rtolllTo#'alt+Aflk / A //TRUE COPY" ECTION OFFICER To, 1 . The Joint Collector' Yadadri Bhuvanagtrt 2. The Revenue Divisional Officer at Bhongir' 3. One CC to Sri Somavarapu Satyanarayana' 4. Two CD CoPies Vtt/PSI, Advocate [OPUCi a HIGH COURT DATED: 0310312025 ORDER CRP.No.2603 of 2019 1HE SI \ 'rc tr', 1 6 JUN 2025 o \. :-.- \ ALLOWING THE CRP / ,A,- /j/ ///