Smt. Manjula Ireddy vs Bandi Madhu on 23 July, 2026

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    Telangana High Court

    Smt. Manjula Ireddy vs Bandi Madhu on 23 July, 2026

     HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
         HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
                  CIVIL REVISION PETITION No.4148 of 2025
                          DATE OF ORDER:23.07.2026
    Between:
    Manjula Ireddy
                                                                   .... Petitioner
    And
    Bandi Madhu
    and nine others.
                                                                .... Respondent
    ORDER:

    This Civil Revision Petition is filed challenging the order dated

    10.11.2025 passed by respondent No.10, vide Ref.No.D1/396/2024. By

    SPONSORED

    the impugned order, the appeal filed by respondent Nos.1 to 7 was

    allowed, declaring them as protected tenants, thereby, entitling them to be

    issued ownership rights certificate under Section 38-E of the Telangana

    Tenancy and Agricultural Lands Act, 1950 (for short ‘the Act, 1950’), and

    further, the Tahsildar, Peddapalli was directed to take consequential steps.

    2. Heard Sri Harendra Pershad, learned senior counsel, appearing for

    Sri A.Naren Rudra, learned counsel-on-record for the petitioner,

    Sri V.Ravinder Rao, learned senior counsel appearing for Ms. Sai Ramya

    Praneetha, learned counsel-on-record for respondent Nos.1 to 7 and

    learned Assistant Government Pleader for Revenue for respondent Nos.8

    and 10.

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    WPNo.4148 of 2025

    3. The present Civil Revision Petition arises out of a dispute

    concerning land admeasuring Acs.12-37 guntas situated in Sy.Nos.575

    and 632 of Peddapalli Village and Mandal, Peddapalli District.

    3.1. The succinct facts of the case, necessary for disposal of the

    Revision Petition, as averred in the writ affidavit are narrated as

    hereunder. Respondent Nos.1 to 7 claim rights over the subject land as

    legal heirs of the original protected tenant and assert entitlement to

    ownership rights under Section 38-E of the Act, 1950. The petitioner

    disputes the claim of protected tenants and relies upon a decree passed in

    O.S.No.310 of 1988, mutation proceedings and other revenue records to

    substantiate her claim over the subject land; that the dispute between the

    vendor of the petitioner and respondent Nos.1 to 7 persists way back from

    the year 1986, when the pattadar consented to acquisition of the subject

    land for house sites to weaker sections and notification under Section 4(1)

    of the Land Acquisition Act was issued in 1987; that challenging the said

    notification, respondent Nos.1 to 7 herein-protected tenants filed

    W.P.No.9940 of 1987, however, during the pendency of the said writ

    petition, the vendor of the petitioner, i.e., pattadar, and the protected

    tenants entered into a compromise to share the compensation equally for

    an extent of Acs.12.20 gts of land and the land owners will receive the

    compensation for the remaining area of Ac.0.17 gts, which was recorded
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    by this Court while disposing of the writ petition, vide Orders, dated

    10.12.1987.

    3.2. Thereafter, the parties herein have filed WPNos.15337 of 1988,

    14330 of 1991 and 13482 of 1992 before this Court with regard to

    acquisition of land, which were disposed of with certain directions, the

    particulars of which are not mentioned as subsequent thereto, much water

    has flown. Ultimately, against the order dated 16.08.1991 passed in

    WPNo.14330 of 1991, directing to pass Award for the entire extent of

    Acs.12.37 gts of land, WA.No.1943 of 1999 was filed. The said Writ

    Appeal was allowed, restricting the acquisition of land to Acs.2.36 guntas

    only. In the said judgment, the Division Bench categorically observed that

    the Court is not deciding the rival titles of the parties and granted liberty

    to the parties to pursue their remedies in accordance with law. Pursuant to

    the said judgment, the Land Acquisition Officer requested the Senior Civil

    Judge to decide the rightful owner of Acs.2.36 guntas to receive

    compensation.

    3.3. During the pendency of the said proceedings, respondent No.8 has

    considered the issue relating to grant of ownership certificates under

    Section 38-E of the Act, 1950 and issued proceedings dated 20.03.2001,

    vide File No.B/2862/1997, thereby granting ownership rights in favour of
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    respondent Nos.1 to 7-the protected tenants for the entire extent of

    Acs.12.37 gts by cancelling the 13-B Certificate of the petitioner and

    pursuant thereto, ownership certificates were issued to respondent Nos.1

    to 7 on 13.06.2001; that challenging the said proceedings, the petitioner

    filed WPNo.16752 of 2001 and during pendency of the said Writ Petition,

    respondent No.8, vide proceedings dated 18.11.2001, recalled the earlier

    order dated 20.03.2001, and recognized the protected tenancy rights only

    to an extent of Acs.7-36 guntas while, treating the petitioner as owner of

    Acs.5-01 guntas. Subsequently, respondent Nos.1 to 7 challenged the

    order, dated 18.11.2001 by filing W.P.No.22553 of 2008, which was

    allowed by this Court setting aside the order dated 18.11.2001 and

    remanded the matter to respondent No.8 for consideration of the matter

    afresh and to pass appropriate orders. Pursuant to the said order, the

    Revenue Divisional Officer/Land Reforms Tribunal, Peddapalli,

    reconsidered the matter in Case No.B2/1035/2023 and by order dated

    17.02.2024, rejected the claim of respondent Nos.1 to 7 for grant of

    ownership rights under Section 38-E of the Act, 1950, as their land holder-

    Giridhar Singh was having only Acs.12.37 gts as on 01.01.1973, which is

    less than one family holding.

    3.4. Questioning the said order, respondent Nos.1 to 7 preferred an

    appeal before respondent No.10, under Sections 90 and 92 of the Act,
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    1950, who, upon consideration of the material available on record, by

    order dated 10.11.2025, set aside the order, dated 17.02.2024 passed by

    respondent No.8, and confirmed and restored the order dated 20.03.2001

    whereby respondent Nos.1 to 7 were granted ownership certificate under

    Section 38-E of the Act, 1950 in respect of the subject land admeasuring

    Acs.12.37 gts. Aggrieved by the said order, dated 10.11.2025, the present

    Writ Petition is filed.

    4. Learned senior counsel for petitioner submitted that the impugned

    order is contrary to the provisions of the Act, 1950 and the material

    available on record. He further submitted respondent Nos.1 to 7 have

    failed to establish that their predecessor was a protected tenant within the

    meaning of the Act, 1950; and that the authorities below erred in

    recognizing their claim for ownership rights under Section 38-E of the

    Act,1950.

    4.1. He further submitted that the respondents have taken inconsistent

    pleas regarding the source of their protected tenancy rights and have relied

    upon documents which do not satisfy the statutory requirements

    prescribed under the Act and the Rules framed thereunder; that the

    respondents failed to produce the requisite statutory records evidencing

    conferment of protected tenancy status and compliance with the
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    mandatory procedure for grant of ownership certificates under Section 38-

    E of the Act, 1950.

    4.2. He further submitted that the proceedings dated 20.03.2001

    granting ownership certificates in favour of respondent Nos.1 to 7 to an

    extent of Acs.12.37 gts had already been recalled by order dated

    18.11.2001 and, therefore, order dated 20.03.2001 ceased to exist in the

    eye of law.

    4.3. Learned Senior Counsel further submitted that W.P.No.22553 of

    2008 filed against the order dated 18.11.2001, was disposed of, remanding

    the matter for consideration afresh, which does not amount to restoration

    of the proceedings dated 20.03.2001. Therefore, respondent No.10 while

    exercising appellate jurisdiction, erred in restoring and confirming the

    order dated 20.03.2001.

    4.4. Learned Senior Counsel further submitted that the respondents

    approached the authorities after an inordinate and unexplained delay and

    that their claim for ownership rights under Section 38-E was liable to be

    rejected on the ground of delay and laches.

    5. He further submitted that respondent No.10 failed to appreciate

    the effect of the earlier proceedings, revenue records and other material

    relied upon by the petitioner and consequently arrived at erroneous
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    findings and therefore, the impugned order warrants interference by this

    Court. Hence, prayed to allow the revision petition.

    6. In support of his contentions, learned senior counsel for petitioner

    placed reliance on the following judgments:-

    7. In Raj Kishan Pershad Vs Joint Collector-I1, a Division Bench of

    the erstwhile High Court of Andhra Pradesh, while examining the scheme

    and object of the Telangana Area Tenancy and Agricultural Lands Act,

    1950, emphasized the importance of complying with the statutory

    conditions governing conferment of protected tenancy and ownership

    rights. The Court observed that the requirement of leaving the prescribed

    family holdings with the landholder is intended to strike a balance

    between the interests of landholders and tenants and is not intended to

    make a prince a pauper and vice versa.

    8. In Shahpurji Chenai v. M. Narayana Reddy 2, the erstwhile High

    Court of Andhra Pradesh held as hereunder:-

    “For a person to be treated as a protected tenant under
    Section 37-A, two jurisdictional facts must exist:

    (i) the person must have been holding the land as a tenant
    on the relevant date; and

    (ii) the landholder must have possessed land exceeding
    three family holdings.”

    1

    2018 SCC Online Hyd 493
    2
    1965 SCC Online AP 143
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    9. The Court further elaborated the statutory procedure under the

    Hyderabad Protected Tenants Rules, 1956 and observed that the Tribunal

    is required to prepare a provisional list in Form-A, invite objections,

    adjudicate such objections, finalize the list and thereafter, issue Form-B

    certificates to those declared as protected tenants. Mutation entries are

    contemplated only after issuance of Form-B certificates.

    10. In Babu Verghese v. Bar Council of Kerala 3, the Hon’ble Supreme

    Court, relying upon the judgments rendered by the Apex Court in Taylor

    v. Taylor {(1875) 1 Ch D.426} and Nazir Ahmad v. King Emperor,

    {(1936) 63 IA 372} reiterated the settled principle that Where a power is

    given to do a certain thing in a certain way, the thing must be done in that

    way or not at all.”

    11. The Hon’ble Supreme Court further held that mandatory statutory

    requirements cannot be bypassed and that non-compliance with the

    prescribed procedure renders the action invalid.

    12. In Islamia Arabic College, Kurnool v. Balaram Singh4, a

    Division Bench of the erstwhile High Court of Andhra Pradesh held that

    Section 38-E confers a special right upon a protected tenant to acquire

    ownership of land in his possession only when the statutory conditions

    3
    1999 3 SCC 422
    4
    1997 SCC Online AP 260
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    prescribed therein are satisfied. The Court specifically held that if the

    landlord holds less than two family holdings, then the protected tenant

    is not entitled to the ownership certificate.

    (emphasis supplied)

    13. In I.T.C. Bhadrachalam Paperboards v. Mandal Revenue

    Officer 5, the Hon’ble Supreme Court held as follows:-

    “The doctrine of promissory estoppel or equitable estoppel
    cannot be invoked to defeat mandatory statutory provisions.

    Where a statute requires a particular act to be done in a
    particular manner, non-compliance with such mandatory
    requirements renders the action invalid. Such invalid action
    cannot subsequently be treated as a promise or representation
    so as to attract estoppel.

    Permitting estoppel to override statutory provisions would
    render the law meaningless and would allow authorities to
    circumvent legislative mandates.”

    14. In Rajasthan Trade Union Kendra v. J.K. Synthetics Ltd 6, the

    Rajasthan High Court held that jurisdiction of a Tribunal flows from the

    statute and the order of reference and not from pleadings, admissions or

    consent of parties. Pleadings may explain an issue but cannot confer

    jurisdiction where none exists.

    5
    1996 6 SCC 634
    6
    1995 SCC Online Raj 736
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    15. In Syed Ghouse Pasha v. State of Karnataka 7, the Karnataka

    High Court held that jurisdiction is a pure question of law and does not

    depend upon the contentions advanced by parties or their advocates.

    Jurisdiction is conferred only by statute.

    16. In Bhim Bahadur v. Vikram Singh8, the Uttarakhand High Court

    held that jurisdiction cannot be conferred upon a Court or Tribunal by

    pleadings, admissions or consent of parties. The existence of jurisdiction

    must be determined in accordance with law.

    17. In Rukmini Debi v. Mihir Bala Sarkar 9, the Calcutta High Court,

    after reviewing the law relating to estoppel, held that where jurisdiction of

    a Court or Tribunal depends upon the existence of particular facts or

    position prescribed by statute, representations or admissions by parties

    cannot confer jurisdiction on the Court or Tribunal to adjudicate upon the

    controversy involved.

    18. The Court further held that the Tribunal must independently

    determine whether the jurisdictional facts actually exist and there can be

    no estoppel against such determination.

    7
    1990 SCC Online Kar 11
    8
    2015 SCC Online Utt 1563
    9
    1997 SCC Online Cal 3
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    19. In State of Gujarat v. Kothari & Associates 10, the Hon’ble

    Supreme Court held that a plea of limitation goes to the root of the matter

    and can be raised at any stage of proceedings, including for the first time

    before the highest court.

    20. In Boddam Narsimha v. Hasan Ali Khan11, the Hon’ble

    Supreme Court considered a claim for declaration of protected tenancy

    under Section 37-A and grant of ownership rights under Section 38-E

    raised for the first time in 1998, despite Section 37-A having come into

    force in 1956 and the alleged protected tenant having died in 1975 without

    ever asserting such rights. The claimant argued that a statutory right of

    protected tenancy is not lost by delay and that no application is

    contemplated under Section 37-A. Rejecting the contention, the Supreme

    Court noted that no explanation whatsoever had been furnished for the

    delay of more than four decades in invoking the provisions of the Act. The

    Court upheld the dismissal of the claim on the ground of delay and laches

    and affirmed the decision of this Court, holding that stale claims under

    Sections 37-A and 38-E cannot be entertained after an inordinate and

    unexplained lapse of time.

    10

    2016 14 SCC 761
    11
    2007 11 SCC 410
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    21. In V. Ramaswamy v. State of Telangana 12, this Court

    categorically held that although the statute may not prescribe a specific

    limitation period for seeking relief under Section 38-E(2), such

    applications must nevertheless be made within a reasonable time.

    Unexplained and inordinate delay may disentitle a claimant from

    obtaining relief.

    22. Per contra, learned Senior Counsel further submitted that the

    predecessors of respondent Nos.1 to 7 were duly recognized as protected

    tenants and their names were reflected in the relevant tenancy and revenue

    records. He further submitted that respondent No.8, after due

    consideration of the material available on record, issued proceedings

    dated 20.03.2001 granting ownership rights under Section 38-E of the Act,

    1950, to respondent Nos.1 to 7 and consequently, ownership certificates

    dated 13.06.2001 were validly issued to them.

    22.3. He further submitted that the order dated 18.11.2001, re-calling

    the earlier order, dated 20.03.2001, was set aside on the ground of lack of

    authority and jurisdiction of RDO, and not on merits as the competent

    authority had no statutory power of review under the provisions of the

    Act. Therefore, there is no illegality or irregularity in the order of District

    Collector in restoring the proceedings dated 20.03.2001.

    12

    2021 SCC Online TS 947
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    22.4. Learned Senior Counsel specifically submitted that, despite

    being aware of compromise entered into between the pattadar and the

    protected tenants regarding apportionment of compensation, the petitioner

    got her name recorded only to an extent of Acs.5-01 guntas, although she

    subsequently relied upon a consent decree passed in OS.No.310 of 1988

    claiming rights over the entire extent of Acs.12-37 guntas.

    22.5. He further submitted that the landowner and the tenants have

    already entered into compromise and filed a memo to that effect in

    WP.No.9940 of 1987, basing on which, the said Writ Petition was

    disposed of and therefore, the landowner is estopped from filing a consent

    written statement in OS.No.310 of 1988.

    22.6. Learned Senior Counsel further submitted that the date of

    purchase by the petitioner was shown as 24.03.1974 in Form 13-C and

    that, as on the said date, the petitioner would have been aged about 14

    years only. According to him, the petitioner being a minor at the relevant

    point of time, she could not have validly entered into a sale transaction

    with the landholders. He further contended that the petitioner was stated

    to be unmarried at the time of filing of the suit, whereas in the suit

    proceedings her surname was shown as “Ireddy”, which is stated to be the

    surname of her husband. On the strength of these factual aspects, learned
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    Senior Counsel contended that the consent decree relied upon by the

    petitioner is not genuine and is a collusive one.

    22.7. Learned Senior Counsel further submitted that respondent

    No.10, upon a detailed consideration of the entire material available on

    record, rightly concluded that respondent Nos.1 to 7 were entitled to

    ownership rights under Section 38-E of the Act, 1950. He further

    submitted that the petitioner, having herself acknowledged the status of

    respondent Nos.1 to 7 and their predecessors as tenants in several earlier

    proceedings, cannot now be permitted to dispute the same.

    22.8. Learned Senior Counsel further submitted that the contention of

    the petitioner that the landholders did not possess more than two standard

    holdings and therefore, respondent Nos.1 to 7 were not entitled to be

    declared as protected tenants is untenable. He further submitted that the

    proceedings dated 20.03.2001 and 18.11.2001 specifically record that the

    holdings of the landholders were calculated and that the respondents were

    found entitled to the benefits of the Act, 1950. He further submitted that in

    the impugned order, respondent No.10 at para-13 has categorically

    recorded that a provisional list had been prepared in the year 1975 under

    the A.P. (Telangana Area) Protected Tenants (Transfer of Ownership of

    Lands Rules, 1973, wherein the holdings of the protected tenants and the
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    landholders were duly calculated and hence, the consent decree relied

    upon by the petitioner is collusive and void.

    22.9. He further submitted that the consent decree obtained by the

    petitioner requires registration, since the same confers rights in

    immovable property. However, in the present case, the consent decree is

    not registered, therefore, the same cannot be implemented.

    30. By contending as above, learned Senior Counsel appearing for

    respondent Nos.1 to 7 finally submitted that the impugned order does not

    suffer from any illegality, irregularity or jurisdictional error warranting

    interference by this Court and hence, the Writ Petition being devoid of

    merits is liable to be dismissed.

    31. In support of his contentions, learned senior counsel for

    respondent Nos.1 to 7 placed reliance on the following judgments:

    32. In K. Raghunandan and others v. Ali Husain and others 13, the

    Hon’ble Apex Court has held as under:

    “A statute must be construed having regard to the purpose and
    object thereof. If a right is created by a compromise decree or is
    extinguished, it must compulsorily be registered if the
    compromise decree comprises immovable property which was not
    the subject-matter of the suit or proceeding. Clause (vi) is an
    exception to the exception. If the latter part of clause (vi) of sub-

    13

    2008 13 SCC 102
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    section (2) of Section 17 of the Act applies, the first part thereof
    shall not apply.??

    33. In Khushi Ram and Others v. Nawal Singh and others 14, the

    Hon’ble Apex Court has held as under:-

    “The legal position qua clause (vi) can, on the basis of the
    aforesaid discussion, be summarised as below: (1)
    Compromise decree if bona fide, in the sense that the
    compromise is not a device to obviate payment of stamp duty
    and frustrate the law relating to registration, would not
    require registration. In a converse situation, it would require
    registration. (2) If the compromise decree were to create for
    the first time right, title or interest in immovable property of
    the value of Rs.100 or upwards in favour of any party to the
    suit, the decree or order would require registration. (3) If the
    decree were not to attract any of the clauses of sub-section
    (1) of Section 17 of the Registration Act, as was the position
    in the aforesaid Privy Council and this Court’s cases, it is
    apparent that the decree would not require registration.”

    34. In State of West Bengal and Others Vs Jai Hind 15, the Hon’ble

    Apex Court, at paras 31, 47, 48 and 49 of the judgment, has held that the

    power of review is not an inherent power and can be exercised only when

    it is expressly conferred by the statute or arises by necessary implication.

    It was held that quasi-judicial authorities, being creatures of statute, are

    confined to the powers specifically vested in them and, in the absence of a

    14
    2021 16 SCC 729
    15
    2026 SCC Online SC 157
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    statutory provision, they cannot review or reopen their own orders on

    merits. The Hon’ble Apex Court further observed that recognising such an

    implied power of review by executive authorities exercising quasi-judicial

    functions would amount to enlarging their jurisdiction and virtually

    converting them into civil Courts or judicial tribunals, which would be

    contrary to the settled principles governing the exercise of quasi-judicial

    powers.

    35. In SUPDT of Taxes , Tinsukia and Others v. Thanai Tea

    Estate16, the Hon’ble Apex Court has held as under:-

    “The doctrine of estoppel by conduct means that where one by
    words or conduct wilfully causes another to believe in the
    existence of certain state of things and induces him to act on
    that belief, or to alter his own previous position, the former
    is concluded from averring against the latter a different state
    of things as existing at that time. The fundamental
    requirement as to estoppel by conduct is that the estoppel
    must concern an existing state of facts.”

    36. In Chagan Lal Keshavlal Mehta Vs Patel Narandas Haribhai 17,

    the Hon’ble Apex Court has held as under:-

    “The difference between an admission and estoppel is a
    marked one. Admissions being declarations against an
    interest are good evidence but they are not conclusive and
    a party is always at liberty to withdraw admissions by
    16
    1976 1 SCC
    17
    1982 1 SCC 223
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    proving that they are either mistaken or untrue. But
    estoppel creates an absolute bar.

    It may be pointed out that estoppel deals with questions
    of facts and not of rights. A man is not estopped from
    asserting a right which he had said that he will not assert.
    It is also a well-known principle that there can be no
    estoppel against a statute”.

    37. In Raja Gounder and Others v. M. Sengodan and others 18, the

    Hon’ble Hon’ble Apex Court observed that, under Section 17 of the

    Evidence Act, an admission is a statement, oral or documentary,

    suggesting an inference as to a fact in issue or a relevant fact. It held that

    an admission is a conscious, deliberate and voluntary acknowledgment of

    the existence of certain facts during judicial or quasi-judicial proceedings.

    Such an admission dispenses with the need for the opposite party to prove

    the admitted fact and constitutes the best evidence against the maker,

    though it is not conclusive and may be explained or withdrawn in

    accordance with law. The Court further clarified that Section 17 cannot be

    read in isolation and must be construed along with the other provisions

    relating to admissions under the Evidence Act.

    38. In Kotaiah v. Property Association of the Baptist Churches (pvt

    Ltd)19, the Hon’ble Supreme Court held as follows:-

    18

    2024 12 SCC 350
    19
    1989 3 SCC 424
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    “Firstly, there cannot be any dispute in this case about the
    protected tenancy rights of the appellants. The revenue
    documents like Pahanipatrika and final record of
    agricultural tenancy clearly establish that the appellants
    were recognised as protected tenants. Secondly, it was not
    the case of the Association that Rev. Rutar Ford Padri and
    Vundru Padri first offered the land to the appellants before
    they transferred the same to the Association. Therefore, in
    the light of the statutory provisions to which we have called
    attention, the Association’s title cannot be said to be
    legitimate.

    39. In B.Bal Reddy v. Teegala Narayana Reddy and Others 20, the

    Hon’ble Apex Court held that Section 38-D of the Act, 1950, mandates

    that where a landholder intends to alienate land held by a protected tenant,

    the land must first be offered to the protected tenant by issuing a written

    notice. Only upon the protected tenant declining or failing to exercise the

    right of purchase, the land be sold to a third party. Any alienation made in

    contravention of Section 38-D is void and has no legal effect.

    Consequently, a purchaser under such an invalid transaction acquires no

    locus standi or enforceable rights. The Court further reiterated that the

    status of a protected tenant continues until it is validly terminated in

    accordance with the Act, and mere loss of physical possession does not

    extinguish such status. As long as the protected tenancy subsists,

    ownership stands transferred by operation of Section 38-E, and an

    20
    2016 15 SCC 102
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    ownership certificate issued under Section 38-E(2), after due enquiry,

    constitutes conclusive evidence of the protected tenant’s title.

    40. In Bhoop Singh v. Ram Singh Major 21, the Supreme Court held

    that, while considering the applicability of Section 17(2)(vi) of the

    Registration Act, the Court must examine whether the parties merely

    recognised or declared a pre-existing right in the immovable property, or

    whether the compromise decree, for the first time, created new right, title

    or interest or agreed or suffered to extinguish the same, in immovable

    property valued at Rs.100 or more. In the latter case, the decree is

    compulsorily registerable. The Court further summarised that a bona fide

    compromise decree relating to the subject matter of the suit and

    recognising pre-existing rights does not require registration. However,

    registration becomes mandatory where the compromise is a device to

    evade the registration law or stamp duty, where it creates rights in

    immovable property for the first time, or where it deals with property that

    was not the subject matter of the suit or proceeding.

    41. In Ram Chandra v. Man Singh22, the Hon’ble Apex Court held as

    under:

    21

    1995 5SCC 709
    22
    1967 2 SCR 77
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    “It is now a well-settled principle that, if a decree is passed
    against a minor without appointment of a guardian, the decree
    is a nullity and is void and not merely voidable.”

    42. This Court has carefully considered the rival submissions

    advanced by the learned senior counsels appearing for both the parties and

    perused the entire material available on record vis-à-vis the citations

    relied upon by the learned counsel for both the parties.

    43. The following issues arise for consideration:

    (1) Whether respondent Nos.1 to 7 have established their entitlement
    to ownership rights under Section 38-E of the Telangana Area
    Tenancy and Agricultural Lands Act, 1950 in respect of the
    subject land?

    (2) Whether the District Collector was justified, while exercising
    appellate jurisdiction, in setting aside the order dated 17.02.2024
    passed by the Revenue Divisional Officer/Land Reforms Tribunal
    and restoring the proceedings dated 20.03.2001 in File
    No.B/2862/1997 together with the consequential ownership
    certificates dated 13.06.2001?

    44. Before delving into the merits of the case, this Court deems it

    appropriate to deal with and answer the second issue being the foremost

    issue and since the same goes to the very root of the matter and pertains to

    the legality of the impugned order passed by respondent No.1 in statutory

    appeal, in restoring the order dated 20.03.2001 of the Revenue Divisional

    Officer.

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    WPNo.4148 of 2025

    Issue No.2:-

    45. A perusal of the material available on record discloses that

    respondent Nos.1 to 7 are claiming ownership rights under Section 38-E

    of Act, 1950 as the legal heirs of the original protected tenant. Their

    names are also reflected in the Protected Tenancy Register, Record of

    Agricultural Tenancies and other revenue records. The petitioner disputes

    the very entitlement of respondent Nos.1 to 7 to claim ownership rights

    under Section 38-E and has questioned the statutory compliance required

    under the Act and the Rules framed thereunder.

    46. The material placed on record further reflects that there are serious

    disputes with regard to the petitioner’s title, including the recital in Form

    13-C showing the date of purchase by the petitioner as 24.03.1974, by

    which date, she was aged only 14 years; the description of her surname as

    “Ireddy” in the civil suit proceedings, being the surname of her husband,

    though it is contended that she was not married at the relevant point of

    time; the genuineness of the compromise decree relied upon by her and

    non-registration of the same as required under law; the calculation of the

    landholders’ holdings; and the preparation of the provisional list under the

    Rules, 1973.

    47. The record discloses that the proceedings dated 20.03.2001,

    whereby ownership rights under Section 38-E of the Act, 1950 were
    23
    LNA, J
    WPNo.4148 of 2025

    conferred on Bandi Pullaiah, Bandi Mallaiah and Bandi Chinna Mallaiah,

    predecessors of respondent Nos.1 to 7, were specifically challenged

    before this Court by the petitioner herein in W.P.No.16752 of 2001.

    48. At this juncture, it is apposite to mention that this Court while

    registering the suo-motu contempt case-CC.No.1057 of 2001 against

    respondent No.8 observed that in WP.No.9940 of 1987, this Court has not

    only recorded the compromise, but also directed that compensation be

    paid as per the compromise, which shows the shares of respondent Nos.1

    to 7 and the vendor of the petitioner herein as Acs.6.27 gts and Acs.6.10

    gts respectively. It is thus clear that the Court having examined the

    compromise filed by the parties, recorded the same and ultimately, the

    terms of compromise entered into by and between the parties culminated

    into passing of final order, dated 10.12.1987, in WPNo.9940 of 1987.

    49. This Court has taken note of the fact that respondent No.8 in the

    order, dated 30.03.2001, observed that the very compromise entered into

    by the land holders and protected tenants itself is illegal and become void

    under the provisions of Tenancy laws, held that the said observations by

    respondent No.8 amounts to blatant contempt of orders passed in

    WPNo.9940 of 1987 and accordingly, issued Form-I notice, dated

    13.08.2001, to respondent No.8.

    24

    LNA, J
    WPNo.4148 of 2025

    50. Thus, from the above, it is obvious that this Court having held that

    the order dated 20.03.2001 was found to be prima facie contemptuous,

    initiated suo-moto contempt proceedings in CC.No.1057 of 2001, vide

    order dated 13.08.2001, pursuant to which the Revenue Divisional

    Officer, Peddapalli-respondent No.8 recalled the earlier proceedings dated

    20.03.2001 by issuing proceedings dated 18.11.2001. In view of such

    recalling of order dated 20.03.2001, W.P.No.16752 of 2001 was dismissed

    as infructuous. The validity of the said recall proceedings, dated

    18.11.2001, was thereafter questioned before this Court in W.P.No.22553

    of 2008, and this Court vide orders dated 03.01.2023 disposed of the Writ

    Petition, setting aside the recall proceedings dated 18.11.2001 and

    remanded the matter to respondent No.8 for fresh consideration after

    affording opportunity to all the parties concerned.

    51. Pursuant to the aforesaid directions, the Revenue Divisional

    Officer/Land Reforms Tribunal reconsidered the entire matter afresh and

    passed a detailed order dated 17.02.2024 in Case No.B2/1035/2023

    rejecting the claim of respondent Nos.1 to 7 for issuance of protected

    tenancy certificates. Aggrieved by the said order, respondent Nos.1 to 7

    preferred an appeal before respondent No.10, who, after examination of

    the pleadings, evidence and the statutory requirements governing

    conferment of ownership rights under Section 38-E of the Act, 1950,
    25
    LNA, J
    WPNo.4148 of 2025

    proceeded to restore and confirm the proceedings dated 20.03.2001 and

    the consequential ownership certificates under Section 38-E of the Act,

    1950 dated 13.06.2001 instead of passing an independent order.

    52. In the impugned order, respondent No.10, having considered the

    documents, written statements, arguments advanced on behalf of the

    parties, etc., has observed that respondent No.8 has no inherent power to

    review or recall his own order and accordingly, held that the recall order,

    dated 18.11.2001, passed by respondent No.2, without jurisdiction and

    without notice to the tenant, is a nullity.

    53. Here, it is trite to note that this Court in CC.No.1057 of 2001 has

    prime facie found the order, dated 20.3.2001, passed by respondent No.8

    to be contemptuous in nature, it being utter and blatant violation of orders

    passed by this Court in WPNo.9940 of 1987.

    54. In such circumstances, respondent No.10, who is an appellate

    authority, while entertaining the appeal and considering the same on

    merits, ought to have adjudicated the matter afresh, recorded the findings

    independently and disposed of the appeal. Instead, respondent No.10

    committed error in restoring the order, dated 20.03.2001, which was

    already found to be contemptuous by this Court in CC.No.1057 of 2001,

    vide orders dated 13.08.2001, and committed a jurisdictional error,

    therefore, impugned order cannot be legally sustained.
    26

    LNA, J
    WPNo.4148 of 2025

    55. This Court is, therefore, of the opinion that the impugned order

    dated 10.11.2025 suffers from a jurisdictional infirmity and cannot be

    sustained on that ground alone. Since the appellate authority has failed to

    apply his mind and has instead proceeded to restore the earlier

    proceedings dated 20.03.2001, the matter requires reconsideration.

    Issue No.1:-

    56. In view of the findings of this Court on issue No.2, this Court does

    not deem it appropriate to delve into merits of the case to adjudicate this

    issue.

    57. Accordingly, the impugned order dated 10.11.2025, passed by

    respondent No.10 in Ref.No.D1/396/2024 is hereby set aside and the

    matter is remanded to respondent No.10 for fresh consideration of the

    appeal preferred by respondent Nos.1 to 7 against the order dated

    17.02.2024 passed by the Revenue Divisional Officer/Land Reforms

    Tribunal. Respondent No.10-District Collector shall afford reasonable

    opportunity of hearing to all the parties concerned, independently consider

    the rival contentions, the material available on record and the statutory

    requirements governing Section 38-E of the Act, 1950, and pass a

    reasoned order strictly in accordance with law, without being influenced

    by the observations contained in the proceedings dated 20.03.2001.
    27

    LNA, J
    WPNo.4148 of 2025

    58. It is made clear that this Court has not expressed any opinion on

    the merits of the rival claims, and all contentions are left open to be urged

    before respondent No.10-District Collector.

    59. Subject to the above observations and directions, the Civil

    Revision Petition is disposed of.

    60. Miscellaneous petitions pending, if any, shall stand closed. No

    costs.

    ___________________________________
    LAXMI NARAYANA ALISHETTY, J
    Date:23.07.2026
    Dr



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