DHARMA NARASIMHA REDDY Vs. JANEPALLI SIDDIAH AND OTHERS

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution is directed against the order of the Taluka Tenancy commission, constituted under rule 24-A of the Rules framed under the Hyderabad Tenancy and Agricultural Lands Act (XXI of 1950) (hereinafter referred to as the Act) declaring the first respondent a protected tenant and confirmed by the District Collector, Warangal.

(2.) The chief attack against this order is that the commission was not validity constituted since the very rule which is the source of appointment is ultra vires the rule-making powers of the State Government. In order to appreciate this contention, it is convention to refer to the relevant statutory provisions of the Act.

(3.) Section 34 enumerates the persons who will be deemed to be protected tenants. It is necessary for us to give a list of such persons, as it is relevant for the purpose of this enquiry. We will now turn to section 97 of the Act which confers authority on the Government to make rules. Section 97 reads: