High Court · 2025

Petition under section 151 cPC qqgvino that. in the circumstances stated in the affidavit fired in rrpport Jf the_peiitil: ih;'High court may be preased to ilTfi*iJffi ":i"^r:o;:?:,::,',",'y'ffi '3r:r:3;,]H]I-{'11o;,i".,Lroi counsel for the petitioners: sRr V.RAVTNDER RAo, senior counser representing SRI ATLA ABHTNANDHAN REDDY Counsel for the Respondents: _-- The Court made the following: oRDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HONOURABLE JUSTICE MOUSHUMI BHAT'TACHARYA C.R.P.No.4484 of 2O25 Date: 12 .12.2025 Between Sama Bhupal Reddy and two others AND ...petitioners The Additional Collector (Revenue), Ranga Reddy District, at Kongara Kalan and twelve others. Mr. V. Ravinder Rao, learned Senior Counsel, representing Sri Atla Abhinandhan Reddy, learned counsel appearing for the petitioners. respondents ORDER This Revision Petition arises out of an order dated 22-1L.2o25 passed by the respondent No.l/The Additional collector (Revenue), Ranga Reddy District in an Appeal (case No.F2l2025/2O23) filed under Section 90 (1) of the A.p. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 ('the 1950 ActJ. / 2 N4B,J C.R.P.No.4484 of 2025

2. The Appeal had been filed by the respondent Nos.4 to 13 herein, who were aggrieved by an order dated 2s.0g.201g passed try the respondent No.3/the Revenue Divisional officer, chevella Division, Ranga Reddy District, pursuant to order dated i8.08.2o18. The respondent Nos.4 to 13 are third parties to an order dated 1g.0g.2o1g passed by the respondent No.3 in case No.L/883 l2orr which permitted the granting of ownership certificate under Section 3g-E of the igso Act read with Rule' 4 (3) of the Andhra pradesh (Telangana Area) Protected Tenants (Transfer of ownership of Lands) Rules, 7973 ('the 1973 Rules), to the father of the revision petitioner Nos.l and 2 and to the revision petitioner No.3 .herein. The said certificate of ownership was issued under Rule s (1) of the 1973 Rules by the respondent No.3 vide order dated 25.08.201s.

3. By the impugned order, the respondent No.1 set aside the 38-E certificate issued vide order dated 2s.0g.201s and remanded the matter to the respondent No.3 with a direction to conduct a fresh enquiry with regard to the ceiling aspects and other issues, if any and to pass an appropriate torder. \ 3 MB,J C.R.l'.No.4484 of 2025

4. Learned Senior counsel appearing for the revision petitioners (respondent Nos.l to 3 before the respondent No.1) has placed the relevant facts before the Court. The relevant facts are as follows: i) The respondent No.3 passed an order on 25.O8.2018 pursuant to order dated 18.08.2018, granting Ownership Certificate in favour of the father of the revision petitioner Nos.1 and 2 and in favour of the revision petitioner No.3. The respondent Nos.4 to 13 (appellants before the respondent No.1) along with their family members filed an Objection Petition outlining their objections to the grant of ownership Certificate vide order dated 25.08.2018, which was rejected by an order of the respondent No.3 contained in an Endorsement dated 23.r2.2022 issued in proceeding No.L/530 /2022 which became final as the respondent Nos.4 to 13 did not chalrenge the said order under the provisions of the 1950 Act. ii) The respondent Nos.4 to 13, however, chose to fire an Appeal against the order dated 2s.og.2org issued pursuant to order dated 1g.0g.20rg with a deray of 16gg days. The court is informed that an I.A. for condonation of delay of 16gg days was fired in case No.F2l20 25/2023 0n Lg.o6.2023 by the \ i I I I I 4 MB,J C.R.P.No.4484 of2025 responclent Nos.4 to 13, pending before the Joint collector-,, Ranga Reddy District at Kongara Kalan (uoint coilector), which was nor considered by the respondent No.1. The court is further informed that the respondent No 4 herein chose to withdraw the Appeal by filing two Memos dateci o4.o2.2o23 and 06.0 ) .2024 before the Joint colrector, which were arso not considerecl by the respondent No.l. Hence, the impugned order was admittedly pronounced vrithout passing any orders with respect to the petition for condonation of delay of 169g days and the Memos filed by the respondent No.4 requesting for withdra'*,al of the Appeal.

5. In any event, section 92 of the 1950 Act, which deals with 'Powers exercisable on appeal or revision' clearly conlines the powers of the respondent No. 1. Section 92 provides thert an authority exercising appellate or revisional jurisdiction under the 1950 Act shall pass such order consistent with the said Act whether by way of 'confirmation', ,recession, or 'modification' of the order under appeal or revision as appears to it to be just, and shall have the powers cont'erred on the original authority by section 89(2) of the 1950 Act. ,/ I t I i 5 MB'J C.R.P.N0.4484 of 2025

6. In the present case' by the impugned order' the respondent No.1 remanded the matter to the respondent No'3 with a d.irection to conduct a fresh enquiry regarding ceiling aspects and' other issues' if any and to pass an appropriate order. Hence, the impugned order and the direction contained thereinof.remand,isnotenvisagedwithinthepowerofthe appellate authority exercisable under Section 92 of the 1950 Act. Apart from the statutory infraction' the fact remains that therespondentNo.lfailedtocondonethesubstantialdelayof 1698 days, before passing the impugned order' despite the fact thatanl.A.hadbeenfiledbytherespondentNos.4to13 hereinseekingcondonationofdelayinCaseNo.F2l202512023 which was heard by the respondent No.l and culminated in the impugned order dated 22.1L.2025'

7. C.R.P.No.4484 of 2O25 is accordingly allowed by setting aside the order passed by the respondent No.1 on

22.1L.2025. All connected applications are disposed of. There shall be no order as to costs '^?';[f^"-\Httt?H[fr ,,TRUE COPY" OFFICER To,

1. The Additional Collector (Revenue)' Rangareddy District' - -" '^' 2. one ccfo sR/ A1LA ABHTNANDHAN REDDY, Advocate t1PUCl 3. Two CD Copies IVV6 VA- .F () t * o 1 I 0E[ ?[?5 I HIGH COURT I i DATED :12t12t2025 o a tr D ER CRP.No.44g 4 of 2O2S ALLOWING THE CIVIL REVISION PETITION 5 *Rd 'hd