THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22337 of 2014 Dated : 25.08.2014 Between:
Yerukula Ganesh, S/o Balaiah, 55 yrs., Agriculture, Taramathipet Village, Hayathnagar Mandal, Ranga Reddy District and two others .. Petitioners And The Government of Telangana, Rep. by its Principal Secretary, Stamps and Registration, Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22337 of 2014 ORDER :
The grievance of the petitioners is that they are the family members of late Yerukala Ramaiah, who was a protected tenant. The Deputy Collector and Tahsildar issued proceedings dated 20.02.2014 terminating the protected tenancy and ordering to delete the same from PT register and other allied records.
Para 8 of the said proceedings reads as under :-
“I am satisfied that the legal heirs of the protected tenant and their share holders surrendered their protected tenancy right in the above land in good faith without any coercion or compulsion.”
2. Though the petitioners are also entitled to participate in the said proceedings, without notice or opportunity to them, the said proceedings are issued. Aggrieved thereby, they filed an appeal before the Joint Collector, Ranga Reddy District under Section 90 of A.P. (Telangana Area) Tenancy and Agriculture Lands Act, 1950. Along with the appeal, they also filed an application to restrain the respondents from alienating the land to third parties and creating third party interest.
3. Learned counsel for the petitioners submits that so far no orders are passed on the application filed by the petitioners and also on the appeal filed before the Joint Collector.
4. The petitioners apprehend that the parties concerned are trying to alienate the land and creating third party interest and in such an event, great prejudice would be caused to the petitioners. Whereas proceedings were issued terminating the protected tenancy, without giving opportunity to the petitioners to participate in the said proceedings.
5. Having regard to the submissions made, without expressing any opinion on the merits of the case, the Writ Petition is disposed of directing the Joint Collector to consider the appeal as well as stay application filed in the said appeal by the petitioners, as expeditiously as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order. No costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date : 25.08.2014 ssp