G CHENNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of writ petitions, two common questions arise for consideration : (1) Whether the provisio to Section 38-1 (2) introduced by the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Amendment Act 2/79 is unconstitutional (2) Whether the said proviso which came into force on 11-1-1979 has no retrospective operation ?

(2.) In order to decide the said questions, it is necessary to notice the facts which have held to the passing of the said Amendent Act 2/79. The Andhra Pradesh (Andhra Area) Tenancy and Agricultural Land Act 21/50 was enacted to amend the law relating to relations of land holders and tenants of agricultural land and the alenation of such land to enable land holders to prevent the excessive sub-division of agricultural holdings, to empower Government to assume in certain circumstances the Management of agricultural lands, to provide for the registration of Co-operative Firms and to make further provision for matters incidental to afore said purposes. The said Act came into force on 10th June 1950 and it extends to the whole of the Telengana area of the State of Andhta Pradesh.

(3.) Section 2, the definition section, defines various words and expressions occuring in the several provisions of the Act. "Tenancy" is defined in sect/on 2 (u) as meaning the relationship of landholder and tenant. "Protected" is defined in section 2 (r) as meaning a person who is deemed to be the protected tenant under provisions of the Act. The section also contains defienitioas of the words "agriculture", "agriculturist",'land', lease"permanent allenation" and other words or expressions, which it may not be necessary to refer in detail for the purpose of this case. Sections 5 to 33 of Chapter 111 contain general provisions relating to tenants, whereas sections 34 to 46 in Chapter IV contain provisions relating to protected tenants. Chapter V contant provision relating to restrictions on transfers of agricultural land, and the other Chapters VI, VII, VIII and IX deal with management of land, prevention of fragmentation and consolidation of holdings, Co-operative Farms, Constitution of Tribunals, procedure and powers of authorities under the Act : Chapter X provides for offences and penalties, and Chapter XI contains miscellaneous provisions. We are mainly concerned with the provisions in chapter IV relating to protected tenants.