ADDANKI TIRUVENKATA THATA DESIKA CHARYULU SINCE DECEASED AND AFTER HIM HIS LEGAL REPRESENTATIVES Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal from the judgment of the High Court of Andhra Pradesh filed by virtue of a certificate of fitness under Art. 133(1) of the Constitution, on the ground that substantial questions of law are involved in the case.

(2.) The appellants are the heirs and legal representatives of one Addanki Desikacharyulu -now deceased. Desikacharyulu whom for convenience we shall hereafter refer to as the appellant, was the proprietor or inamdar of the Shrotriem village of East Thakkellapadu. While so, the Madras Legislature enacted two Acts- the Madras Estates (Reduction of Rent) Act 1947 (Act XXX of 1947) and the Madras Estates (Abolition and Conversion into Ryotwari) Act (Act XXVI of 1948) having application to particular types of estates. The earlier enactment which we shall call the Rent Reduction Act was, as the name itself indicates, inter alia for reducing the rent payable by ryots in the "estates" to which it applied, while the later which for shortness may be referred to as the Abolition Act, was for abolishing the "estates" of intermediaries who were proprietors of the type of estates defined in the Act and for the creation of direct relationship between the ryots in these estates and the Government.

(3.) The Government of Madras purporting to act under the powers conferred by the Rent Reduction Act appointed a Special Officer to conduct an enquiry as to the precise reduction to be effected in the rent payable to the appellant by persons in cultivation of the lands in the Appellant's Shrotriem and after considering his report directed a reduction of rents by notification dated May 2, 1950. Almost simultaneously proceedings were taken by the Settlement Officer appointed under the Abolition Act for determining whether or not the Shrotriem should be taken over by Government and the officer gave his decision against the appellant. The appellant filed an appeal to the Tribunal constituted under the Abolition Act and the appeal was dismissed.