THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.9713 of 2009 ORDER: The petitioners state that they are the legal representatives of one Sri Badhya Lambada. It is stated that Badhya was declared as protected tenant in respect of about 40 acres of land in Sy.Nos.20, 21 and 22 of Pendyala Village of Maheshwaram Mandal, Ranga Reddy District, and thereafter ownership certificate under section 38-E of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act (for short ‘the Tenancy Act’), 1950, was issued to him on 14-09-1975. The petitioners submitted an application dated 03-01-2009 before the Tahsildar, Maheshwaram, the 3rd respondent herein with a request to issue pattadar pass books in respect of the land, as well as to recognize them as legal heirs of the deceased, protected tenant. Their grievance is that no action has been taken thereon. Heard the learned counsel for the petitioners, and learned Government Pleader for Revenue. The request made by the petitioners is twofold: The first is to declare them as legal heirs, and the second is to cause mutation in the revenue records. These two aspects are covered by different provisions of law. The first is covered by the Tenancy Act, and the second aspect is governed by the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the ROR Act’). The rights that have accrued to a protected tenant under the Tenancy Act are heritable, as provided for under Section 40 of that Act. Unless an individual is recognized as legal heir, in accordance with law, he cannot insist upon issuance of pattadar pass books, or other documents, in relation to such lands. Hence, the writ petition is disposed of, leaving it open to the petitioners to take steps to get themselves declared as legal heirs of the deceased, protected tenant, and holder of an ownership certificate, under Section 38-E of the Tenancy Act. In case the petitioners are declared as legal heirs, they can make application under the relevant provisions of the ROR Act, for effecting mutation, or issuance of pattadar pass books and title deeds. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.01-05-2009. KO