G MANNAPU REDDI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in the writ petition and the Civil Revision Petition along with others purchased agricultural lands bearing S.Nos. 12, 13, 14, 15, 18, 400, 401, 452, 454, 455, 456, 457, 458 and 481 situate at Mojerala village, Wanaparthy taluk from the owner, one Devanaik Reddi, in. or about the year 1950. There is no deed of sale in favour of the petitioners. The petitioners alleged that they were in possession as tenants of the land-holder prior to the purchase. Having regard to the purchase, the names of the petitioners and their associates were entered in the Khasra Pahani for the year 1954-55. Mogili Rayanna, the 4th respondent in the writ petition (hereinafter referred to as "the respondent") filed an application on 29th, September, 1953, before the Tenancy Commission constituted under rule 24-A of the Hyderabad Tenancy and Agricultural Lands Rules 1950 and under sections 35 and 37 for the grant of a tenancy certificate. The tenancy certificate was granted to him by the Tenancy Commission on the 29th August, 1956. He thereafter filed an application before the Tahsildar under section 32 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act XXI of 1950 (hereinafter referred to as " the Tenancy Act") for recovery of possession alleging that he was out of possession from 1952. To this petition he impleaded only the petitioners and not the landlord. The petitioners in their counter-affidavit have stated that they have purchased the lands from the landlord in the year 1950 and were in possession since then. They also submitted that their names were entered in the Khasra Pahani. The Tahsildar by his order dated 30th April, 1969, dismissed the respondent's petition. The respondent aggrieved thereby filed an appeal before the District Revenue Officer which was allowed on 27th February, 1969 and it was ordered that the respondent be put in possession of the suit lands. The petitioners, aggrieved by the order of the District Revenue Officer, filed C.R.P. No. 662 of 1969. The respondent contended in the aforesaid Civil Revision Petition that the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Validation) Act of 1961 (XXI of 1961), hereinafter referred to as the " Validating Act " has validated all the tenancy certificates. The petitioners therefore, have filed the writ petition.

(2.) The main contentions raised by the petitioners are two : (1) section 4 of the validating Act, which validates the orders made by the Taluk Tenancy Commis?ion, is ultra vires the provisions of the Tenancy Act and also contravenes the provisions of section 3 of the Validating Act. (2) Under section 32 of the Tenancy Act, the application should have been made against the landlord and as the landlord has not been impleaded as party, the application is not in accordance with law.

(3.) In order to appreciate the arguments raised by the learned Counsels for both the parties, it is necessary to consider the constitution of the Commission and its declaration as invalid by the High Court. It is also necessary to consider the circumstances in which the validating Act came into force.