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1 - 9 of 9 (0.23 seconds)Section 38E in Telangana Tenancy and Agricultural Lands Act, 1950 [Entire Act]
Section 90 in Telangana Tenancy and Agricultural Lands Act, 1950 [Entire Act]
Section 91 in Telangana Tenancy and Agricultural Lands Act, 1950 [Entire Act]
Sada And Etc. Etc. vs The Tahsildar, Utnoor, Adilabad ... on 24 September, 1987
13. Having regard to the rival submissions made, and on
going through the material placed on record, it is noted that
these revision petitions are filed challenging the common
order dated 31.08.2019 passed by the Joint Collector,
contending that without deciding the issues, the matters
were remanded to the RDO. On perusing the impugned
common order passed by the Joint Collector, it is seen that
the procedure contemplated under the Act, has not been
followed while issuing 38(E) Certificate. Further, in the order
dated 03.02.1984 passed by the RDO, it is clear that an
application was filed by Koheda villagers for correction of
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CRP.Nos.1160 of 2020 & batch
final record of tenancy and patta certificate was issued
under Section 38(E) of the Act. However, it is not known as
to who has filed the application for correction of tenancy
records, and under what authority of law. Further, in the
said order it was held that as per the guidelines issued by
the Collector, the Tahsildar, Hayathnagar, has conducted
local enquiry and prepared the tenancy register as per
physical possession of the PTs. No objections were received
on the register prepared by the Tahsildar, Hayathnagar.
Hence, it was observed that the record prepared by the
Tahsildar showing the survey number and extent on which
they had possession was accepted in to. Therefore, the
tenancy records were corrected under Rule 3(2) of the Rules
1956, and a finding was given that tenancy record was
changed based on some guidelines issued by the Collector,
and record prepared by the Tahsildar, as per the
possessions and no mention was made as to the names that
have been corrected. Reliance was placed in the order dated
02.05.2018 passed by this Court in CRP.Nos.1552 of 2015
and batch, whereunder, it was observed that once the
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CRP.Nos.1160 of 2020 & batch
original PT register entries are clear, there could be no change
as held in Sada Vs. Tahsildar, Utnoor, Adilabad 3.
Section 37 in Telangana Tenancy and Agricultural Lands Act, 1950 [Entire Act]
Section 35 in Telangana Tenancy and Agricultural Lands Act, 1950 [Entire Act]
Kurva Mallamma And Another vs Kupireddy Sasthri on 12 December, 2000
In support of the said contention, he relied on the judgment
rendered in the case of Yerrabothu Sathaiah vs Yedla
Chellaiah 1, and in the case of Kurva Mallamma and
another vs Kupireddy Shastri 2, wherein, it was held that a
revision under Section 91 of the Act is not maintainable
against an order of remand. He asserted that the revision
petitioners are estopped from raising the same issues that
were earlier raised and dealt with by this Court in the earlier
round of litigation, and emphasized that the petitioners had
earlier challenged the order of the RDO dated 23.2.1984
which was dismissed by this Court, as such, they cannot be
allowed to re-agitate the same issues that were earlier
decided against them. He reiterated that the petitioners
cannot re-urge the issues that have been decided and
became final in the earlier round of litigation. He incessantly
contended that even assuming that an error was crept in,
1
1960 (1) ALT P 191
2
2001 (1) ALD P 382
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CRP.Nos.1160 of 2020 & batch
while rendering findings contrary to the record, the same
cannot be rectified in this revision, as the said findings have
become final, and that a party cannot be allowed to
re-agitate issues that have been finally decided against
them.
Section 97 in Telangana Tenancy and Agricultural Lands Act, 1950 [Entire Act]
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