(1.) In this batch of Writ Petitions filed under Article 226 of the Constitution of India, common questions as to the constitutional validity of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1972 (hereinafter referred to as the Act) are raised.
(2.) The Act was passed on 31-7-1972 and received the assent of the President of India on 1-1-1973 and came into force from 1-1-1975 according to the notification issued by the Government of Andhra Pradesh in the Andhra Pradesh Extraordinary Gazette dated 18-12-1974. The Act was included in the Ninth Schedule of the Constitution of India by the Thirty Fourth Constitution Amendment Act, 1974. Earlier, with a view to prevent alienations of agricultural lands in anticipation of the ceiling law, the Andhra Pradesh Agricultural Lands (Prohibition of Alienationl Ordinance, was promulgated on 2-5-1972, in and by which all alienations made from that date, have been declared null and void. The Ordinance was subsequently replaced by the Andhra Pradesh Agricultural Lands (Prohibition of Alienation) Act. 1972. The said Act has however been repealed by the present Act.
(3.) The constitutionality of the Act and its provisions is challenged on the grounds that they are beyond the legislative competence of the State legislature and that they violate the provisions of Articles 14, 19, 31 (2) the second proviso to Article 31-A of the Constitution, and they are not saved by the provisions of Articles 31-A, 31-B and 31-C of the Constitution.
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