The High Court · 2025

The Mandal revenue officer' Kandakur Mandal, Ranga Reddy Dist Smt. Thonta Bhouramma, W/o Parvathamma late Aged about 50 Year, Occ Agriculture Fl/o Gummaedivelli (V) Kandukar Mandal Ranga Reddy District ...RESPONDENT No.1 to 4 Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be pleased to issue a order or direction more particularly one in the nature of writ of iVlandamus, issue a command or order, considering inaction, on the Part of respondent No.3 in Precise, in acting on Petitioners representation dated 11logt2o24, con sequentially, direct the respondent No.3 to act on Petitioners representation, in accordance of section 32 of Andhra Pradesh, Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, Gonsequentially, to iake th-e possession of the land, from the respondent No.4, of all that Land, that is acre 3.35 Gunta falling in survey No. 668 (now being called as 668/ee) situated at Gummadavally Village, Ranga Reddy District. lA NO: 1 OF 2024 Petition under section '151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 and 3, to Place all that Land, that is acre 3.35 Gunta falling in survey No.668 (now being called as 668/ee) Situated at Gummadavally Ranga Reddy District, in Prohibition land and deem fit and Prop,:r in the interest of Justice, attempts to alienatiorr the above land. Pass such order and orders as as respondent No.4 is tVaking Counsel for the Petitioner: SRI M. RATHAN SINGH Counsel forthe Respondent No.1 to 3: ASST. Gp FOR REVENUE Counsel for the Respondent No.4: - - - - The Court made ther followirig: ORDER THE HON'BLE SRI JUSTICE C. V. BHASI{AR REDDY WRIT PETITION No.2715O of 20124 ORDER: This Writ Petition is filed with the foliowing relief ".--to issue a order or dtrecton more particularly one in the nature of Wit of Mandamus, Asue a command or order, consideing inaction, on the Paft of respondenl No 3 tt Prectse, in acting on Petition-ers representation dated I1/09/2024, consequentiatlg, direct the respondent No.3 to act on I'etitiotters representation, in accordaru:e of section 32 of Tekrngana TbndrLcA and Agnculturdl Lo"n!1s Act, 1950, consequentidllg, to take the Possession of the land, from the respond.ent No.4 of all that Land, that is acre 3.35 Gunta fatling in sunteg No.66B (\ou beng colled q-s 668/ee) Sttuated. at GummadauallA Vittage, Ranga ReddA Distrbt and pass such order and orders as deem lt and p@per in the tnterest of jushce" .

2. Heard the submissions of both the lea-rned counsel and perused the record

3. It is stated that the petitioner's grandfather was the protected tenant as per the entries made in the tenancy register maintained under the provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short "the Tenancy Act"). It is further stated that since their forefathers, the petitioners are in possession and enjoyment of the agricultural land admeasuring Ac.O3-38 guntas in survey No.668, situated at Gummadavally Village, Ranga Reddy District.

4. Learned counsel for the petitioner vehemently contended r. -.-that for surrender of tenancy lands, the protected tenants have to \ - 2 CVBR, J vtp 27160 2024 admit in u,rjtrng before the Tahsildar and in the absence of the said procedure being followed, the tenants can alrvayt; recover back the p,:rssession by filing appropriate application under Section 32 ol' the Tenancy Act. Learned counsel relied r:pon the Full Bench j udgment of this Court in Sad.q. u. Tahsildar, Utnoor, Adilabad. Districtr and strenuously contended that the respondent-I'ahsildar is conferred with thc power of dr.tivery of possession irL t-erms of provisions of Section 32 of the Act,

5. It is rclevant to extract Section 32 of the Tenar-rcy Act, which reads as under: "32. Prctc<=cl,ure of taking possession: (1) A teno.rtt or an agiculturol lcbourer or artisan entiLed to possession of ang land or dutelling Lutuse und.er any of the p.rouision:; ,tf this Act may apptA to the Tahsild.ar in iatin,T in the presctiLted fonn for such possessjon. (2) No lanChoLder shnll obtain possession of any land or !tt.ell.t19 l'Lctuse held bg a tenant except und.er an oid.er oJ. the Tahsildar 1'or which he sLnll apptg in the prescibed form. (3) On rec:eipt of an application under sub-section (1) or sub_ section (2.) the Tahsildar shalt, afier LakTing an enquiry p,zss such order thereon as he deems frt. (4) Ang person taking possession of any land. or clu.rching house othenttise than in accordance taith the proukions if sub-section (1) or sub-sectton (2), as the case may be, shali, without pre:judice to his liabilitg to the penaltg prouided ln Section 9e;. be liabte to forfeiture of tlte crops, if any, grotun. on t ntR t988 ap 7z .a€' 3 CVBR, J wp-27 L6O_2024 tlrc tond to the paAment of such costs as maA be awarded bg the Tahsildar or by the CoLLector on appeal from the Tohsildar. A careful reading of the above provision would reveal that as per the scheme of the provisions of the Act is to regulate the relationship between the landlords and the tenants and it does not affect the rights inter se between two persons setting up rights of ownership between a particular land or a disputes between owner and trespasser other than the tenant' If the landholder seeks to take possession of the land from the tenant or the protected tenant seeks to take possession from the landlord, they can only proceed in the manner as prescribed under Section 32 of the Act.

6. In the case of Sado us. Tahsildar, utnoor, Adilabod District (supra), the Full Bench of this Court, observed that the protected tenant had a right to be put.back in possession under Sec. 32 of the Act and such protected tenants, if they had not otherwise lost their status under Sec.32 or 44 by the notified date would be entitied to ownership rights under Sec.38-E and would be entitled to the ownership certihcate under Sec.38-E' In cases where proceedings under Sec.19 are pending on the date of notification and end in favour of the protected tenant thereafter, the date of vesting gets postponed till the said decision lt was \ 4 CVBR, ] wp_2,',760-2024 further obsen,r:d that the right of protected tenants to recover possession is uninhibited by any principle of adverse possession. trither under the new Limitation Act, 1963 or under r_hc OId Limitation Act .1908, there is no possibility for the rand horders to invoke either r_he plea of adverse possession [under old Arr..l44 or new Art.65] or the extinguishments of any right [uncLer Old Sec-28 or new Siec. 271. The aforesaid decision makes it ckrar that an application filed seeking restoration of possession by the tenants is maintainable. approprlate stated tl rat the the resp:ndent

7. Be that as it may, this Court, without expresslltg any oprnion on t he merits of the case, since it is petitioner has made a representation to authorities requesting to take action irgainst respondent No.,4 and cancel the pattadar passbooks :Lnd to redeliver the p,l5;ss5516n under Section 32 of the Act, and in the absence of opposing the said prayer by the respondent No.4, deems it approDriate to dispose of the writ petition directi ng the respondent - Tahsildar to examine the representation submitted by the petir.iorLer and pass appropriate orders stric:ly in accordance witie the provisions of the Act, after issuing no lice to all persons affecl.ed and interested over the subject property and 5 CVBR, J wp_27160_2024 communicate the same to the petitioner, within a period of three months from the date of receipt of a copy of this order.

8. With the above observations, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed //TRUE COPY// SD/- T. TIRUMALA DEVI S ANT REGISTRAR A CTION OFFICER Secretariai Buildings' Hvderabad' To. '-'1. Th" Principle Secretary Revenue Department' The state of Telangana' 2. i;;'R;";;" oiui.lonuiJF""iFiansa Reddv'. Ranoa Reddv District' 3. The Mandat ,"r"nu"'oihf";, ruffik"'; n'linoli'.n*-"g''Reddv Dist ;. d;'cc'ilsRiM. RAinAr't struen, Advocate [oPUC] ;. i;; d6.i"-cp Fon nHVeNue.High court foi the state of relangana' 6. Two CD CoPies touTl BN GJP $ HIGH COURT DATED:23 t01t2025 ORDER WP.No.27160 of 2OZ4 .F o o lHE S 14 t 12 fiAit 2025 ($ f 2 c) a ,l i €.oj --/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS dtf^*W