38 E

What Is Section 38-E of the Telangana Tenancy and Agricultural Lands Act?

• Section 38‑E mandates that when the government issues a notification in the Telangana Gazette for a specific area and date, ownership of lands held by protected tenants (who qualify to purchase under the act) automatically transfers to them from that date, subject to statutory conditions.(ccla.telangana.gov.in, India Code)
  
  

• Even if the protected tenant is not in actual possession at the time of notification—provided dispossession didn’t occur legally under Section 32—the Tahsildar must hold a summary enquiry (either suo motu or on behalf of the tenant) and restore possession from any current occupant to the protected tenant.(India Code)
  
  

• After such proceedings, the Tribunal issues a certificate of ownership (in a prescribed form) to the protected tenant, serving as conclusive legal evidence of ownership effective from the certificate date.(India Code)
  
  

• Additionally, any landholder in the notified area must file an application with the Tribunal within 90 days of receiving notice of this certificate to determine the “reasonable price” for their interest in the land. If they fail to do so, the Tribunal may proceed on its own.(India Code)
  
  

• The Supreme Court of India and Telangana High Court have affirmed that once the 38‑E certificate is granted, the protected tenant is deemed the full owner, and no occupancy rights certificates granted to others remain valid.(Live Law)
  
  

Recent Example: Legal Proceedings Under 38-E

A 2025 Telangana High Court case involved the issuance of a 38‑E certificate in favor of a protected tenant (late Begari Balaiah) regarding land in Vikarabad District. An application was directed to the Revenue Divisional Officer to conduct a detailed enquiry to determine the eligibility of all parties involved, and to update mutations and pattadar passbooks based on the findings.(Telangana High Court)

This demonstrates how these proceedings are still very much relevant today, with courts directing revenue authorities to verify and enforce rightful ownership.

Summary Table: Section 38-E Process

Step

Description

1. Government Notification

Gazette notification specifying area and date activates transfer of ownership to protected tenants.

2. Summary Enquiry by Tahsildar

Ensures rightful possession even if tenant was dispossessed improperly.

3. Ownership Certificate Issued

Certificate serves as conclusive proof of ownership for the protected tenant.

4. Price Determination (Landholder)

Landholder must file within 90 days to settle compensation; otherwise Tribunal proceeds suo motu.

5. Legal Finalization

Certificate and judicial rulings establish ownership; prior occupancy rights or deeds are invalidated.