CHEPUR NARASIAH Vs. KANDULA NARASIAH

JUDGEMENT

(1.) The simple point that arises for determination is whether an application duly and properly made under section 32 lead with section 44 of the Hyderabad Tenancy and Agricultural Lands Act, 1950, Act No. XXI of 1950 (hereinafter referred to as the Act) and heard and disposed of by the Tahsildar, who was competent authority, and who had the power to do so at the time of the presentation and the hearing would, in any way, be prcjudically affected by reason of the amendment to section 44 of the said Act. The facts may be briefly stated.

(2.) The petitioner is a landholder in the village of Amararam in Huzurriagar Taluk Nalgdnda district. He petitioned to the Tahsildar, Huzurnagar, under section 32 read with section 44 of the Act for an order directing that possession may be delivered to him from the protected tenant, on the ground that the land in his possession was less than the basic holding which he was entitled under the provisions of the Act. This application was made to the Tahsildar on 18th April, 1953. On that date and subsequently till the amended Act III of 1954 came into force, the relevant portions of those two sections were as follows :

(3.) This application was entertained by the Tahsildar who held the enquiry as required by the rules, and made an order on 14th June, 1955, allowing the petitioner's application and directing the protected tenant to hand over possession of the lands to the landholder in accordance with the application. Against this order, the respondent preferred an appeal to the Collector under section 19 of the Act and the same was disposed of on 4th October, 1957, the Collector holding that the Tahsildar had no powers to deal with the matter as there has been an amendment to section 44 which came into force on 4th February, 1954 and therefore the Tahsildar's order was ultra vires. The Collector accordingly remanded the matter to the Deputy Collector for disposal by him in accordance with the law, in view of the fact that section 44 had been amended by the Amendment Act III of 1954 on 4th February, 1954 and the relevant portion of the amended section is as follows :-