Search Results for "Section 38-E"

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Search Results for "Section 38-E"

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High Court

Bombay High Court Considers Writ Petition Challenging Ownership Certificate under Section 38-E of Hyderabad Tenancy and Agricultural Lands Act, 1950; No Final Decision Included in Provided Text. Court Observes That Certificate Under Section 38-E is a Formal Declaration of Ownership by Legal Fiction, Not an Order in Strict Sense, and Relies on Bharatlal Hemraj v. Kondiba Govinda Jadhav.

30 Mar 2021

This writ petition under Article 226 of the Constitution of India (as inferred) was filed by two daughters of Narmadabai Totla challenging an order da...

High Court

Bombay High Court Quashes Orders Denying Protected Tenant Statutory Ownership Under Section 38E of Hyderabad Tenancy and Agricultural Lands Act, 1950. Deemed Purchase Not Defeated by Alleged Refusal of Possession or Compromise by Some Legal Heirs; Compliance with Section 32 Mandatory for Surrender.

23 Jun 2010

The dispute involves a protected tenancy over agricultural land under the Hyderabad Tenancy and Agricultural Lands Act, 1950. The original tenant, Mal...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Held That Tahsildar Lacks Jurisdiction to Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy Act After 65 Years Without Notice to Affected Parties. The court held that the certificate under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950 attains finality and cannot be cancelled by the Tahsildar after such a long lapse of time, and the order was passed in violation of natural justice.

16 Oct 2025

The petitioners, legal heirs of original tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Ta...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Exceeds Jurisdiction Under Maharashtra Land Revenue Code. Tahsildar Cannot Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy and Agricultural Land Act, 1950, as Such Power Lies Only with Revenue Tribunal or Civil Court.

16 Oct 2025

The petitioners, legal heirs of tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, ...

Supreme Court

Supreme Court Upholds Interim Injunction in Property Dispute Based on Tenancy Act Certificate. Section 38E Certificate Under Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 Confers Ownership, Overriding Subsequent Transfers.

16 Dec 2021

The respondent-plaintiff filed a suit for declaration of ownership, declaration that a Gift Settlement Deed dated 24.07.1987 in favour of the petition...

High Court

High Court Dismisses Writ Petition Challenging Concurrent Findings on Tenancy Rights Under Hyderabad Tenancy Act. Petitioners failed to establish ownership of well under Section 38E as they were never declared protected tenants.

10 Mar 2011

The petitioners, Bhaurao Saluba Ekande and Jija Saluba Ekande, filed a writ petition challenging the judgment and order of the Maharashtra Revenue Tri...

High Court

Bombay High Court Dismisses Writ Petition Challenging Deputy Collector's Order Setting Aside Tahsildar's Declaration of Invalid Sale Deed in Tenancy Dispute. Tahsildar lacks jurisdiction to declare sale deed void under Hyderabad Tenancy and Agricultural Lands Act, 1950; proper remedy lies before civil court.

4 May 2026

The Petitioner, Shiavji Ganpati Kale, filed a writ petition before the Bombay High Court challenging the order dated 25.05.2017 passed by the Deputy C...

High Court

Bombay High Court Dismisses PIL Challenging Nagar Panchayat Notification Under Section 341A of Maharashtra Municipal Councils Act. State Government's Discretion to Determine Area of Nagar Panchayat Upheld; No Obligation to Include All Surrounding Gram Panchayats.

10 Feb 2016

The petitioner, Sarpanch of Gram Panchayat Amgaon, filed a Public Interest Litigation challenging a notification dated 12.2.2015 issued by the State o...

High Court

Bombay High Court Adjudicates Second Appeal on Conflict Between Civil Court Decree for Possession and Tenancy Declaration Under Hyderabad Tenancy and Agricultural Lands Act, 1950. The Second Appeal Arises from Dismissal of Suit for Possession Due to a Declaration of Tenancy Under Section 38E(1) of the Hyderabad Tenancy Act, Which the First Appellate Court Reversed.

7 May 2010

The case involves a second appeal arising from a suit for possession of agricultural land. The original plaintiffs (respondent Nos.1 and 2) filed Regu...

High Court

Bombay High Court Allows Tenant's Writ Petition Challenging Refusal to Issue Certificate of Purchase Under Bombay Tenancy Act. The Court held that the tenant's right to purchase land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 is not barred by limitation despite delay in issuance of certificate, and the Mamlatdar's order was perverse.

4 May 2011

The petitioner, Mesaji S/o Laxman Ubare, was a tenant of agricultural land owned by the respondents. He claimed to have become a deemed purchaser of t...

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