Bhagwat v. Tulshiram

2

Heard.

Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final disposal at admission stage.

Petitioners herein are raising exception to continuation of proceeding before the Collector in respect of declaration that alienation of tenanted land is invalid in view of provisions of section 98(C) of the Hyderabad Tenancy and Agricultural Lands Act, 1950.

It is stated that attention of Collector has been invited to transaction of tenanted land effected by tenant without securing permission under section 50(B) of the Hyderabad Tenancy and Agricultural Lands act, 1950. On receipt of complaint, the Collector has initiated suo motu enquiry calling upon petitioners to file their reply. Petitioners herein appeared before the Collector and objected for continuation of suo motu proceeding. According to petitioners, the Collector is not authorised to initiate suo motu proceeding or proceedings in accordance with section 98(C) of the Hyderabad Tenancy and Agricultural Lands Act and, it is only the Tahsildar 3 who is competent to initiate and continue with the proceeding. The Collector, however, turned down the application presented by petitioner objecting to the entertainability of proceedings, holding that section 50(B) of the Act invests powers with the Collector to entertain complaint. Section 50(B) of the Act provides that transfer of land purchased by tenant without prior permission of Collector shall be invalid. Section 98(C) however empowers the Tahsildar to initiate either suo motu proceeding or on receipt of application from person interested inviting attention of the Tahsildar to transaction of transfer of land purchased by tenant in contravention of provisions of section 50(B) of the Act. Petitioners herein are justified in contending that it is only Tahsildar who can exercise powers under section 98(C) of the act and determine as to whether alienation made in respect of tenanted land is invalid or otherwise. It is not open for the Collector to initiate suo motu proceeding and determine the issue arising under section 98(C) of the Act because of the reason that the Collector is invested with appellate powers. The Tahsildar is entrusted with the function to conduct an enquiry under section 98(C) of the Act and not the Collector.

In view of the peculiar facts and circumstances of the case, it shall be appropriate if the Collector is directed to transmit the proceeding initiated 4 before him, to the Tahsildar for disposal in accordance with law. Order dated 5-12-2011 passed by the Collector on application tendered by petitioners is quashed and set aside and the Collector is directed to transmit the proceeding to the Tahsildar for disposal in accordance with provisions of section 98(C) of the Act. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs. R & P be sent back forthwith.

Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE