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High Court for State of TelanganaWP/11297/2016disposed of no costs

Neeradi Narasimha, v. The Special Grade Deputy Collector And

2016-04-06M.S.Ramachandra Rao2 pages

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.11297 of 2016 ORDER :

The petitioners filed an application on 21.11.2015 for grant of certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 in respect of an extent of Acs.08.08 guntas in Survey No.20/A of Ghanpur Village, Medchal Mandal, Ranga Reddy District.

2.

The petitioner relied upon the order No.A2/2071/2003 dt.12.09.2005 of 1st respondent wherein the 1st respondent passed a detailed order stating that all the protected tenants, except Smt. Mangalil Venkamma and Yerupula Bikshapathi, are entitled for ownership right certificate under Section 38-E of the above Act. The above two individuals mentioned therein were declared to be not entitled for such certificate in respect of land in Survey No.19/A and 24 of the said Village.

3. A perusal of the said order clearly indicates that in respect of land in Survey No.20/A, the claim of protected tenants was upheld and was not rejected. However, in the impugned memo, the 1st respondent states that the claim of protected tenants was refused in respect of land

in Survey No.20/A also. This is clearly a mistake and is contrary to the above order passed by him on 12.09.2005.

4. Therefore, the impugned memo is set aside, and the 1st respondent is directed to pass a fresh order in conformity with the order dt.12.09.2005 passed by his office earlier within a period of four (04) weeks from the date of receipt of a copy of this order, and communicate his decision to petitioners. Accordingly, the Writ Petition is disposed of with the above directions. No order as to costs.

5.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed. __________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 06-04-2016 Ndr/*