Justice Sambasivarao Naidu of the Telangana High Court held that in the absence of proof that a protected tenant has surrendered his Protected Tenancy Certificate, the revenue authority cannot alter his claim to property. The judge allowed a Revision Petition and set aside the orders of the Joint Collector, Ranga Reddy at the instance of Makkan Lakshmamma and three others. They filed the Revision Petition challenging the order of the Joint Collector who at the instance of Abdul Gafoor and seven others had altered the findings of the tahsildar, Nacharam mandal of Ranga Reddy District.
The petitioner moved the tahsildar as the legal representative of the original protected tenant late Jangaiah. They have also sought for restoration of possession over the above said lands by filing civil suits and grant of succession certificate. Both the suits were decreed in their favour.
The tahsildar came to the conclusion that the petitioners referred above are legal heirs of original protected tenants by name Maddi Jangaiah and Makkan Jangaiah as such they are entitled to a succession of Protected Tenancy rights over the lands to an extent of Ac.14.20 guntas in Sy.
No. 50 and Ac. 19.
39 guntas in Sy. No. 51 of Kurmidda Village.
The said order was successfully challenged by the private set of respondents before the Joint Collector. Justice Sambasivarao Naidu pointed out that when the said two persons were shown as protected tenants in view of Section 40 of the Act, 1950, it is quite clear th.