M CHAONA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The constitutional validity of the Andhra Pradesh Watans (Abolition) Act, 1978 (hereinafter referred to as 'the Act') is challenged in this batch of writ petitions. The Act was preceded by an Ordinance (No XX) of 1977, issued on 8th December, 1977. The Act, though published in February 1978, has been given retrospective effect from 8th'December, 1977, The Act was reserved by the Governor for consideration and assent of the President, and has received such assent.

(2.) The Act has been enacted by the Andhra Pradesh Legislature to abolish the system of Watans in the Telangana area of the State of Andhra Pradesh and to provide for matters connected therewith. Since the system of Watans is in vogue only in the Telangana area of the State, the Act is made applicable only to that part of the State. Section 2 defines certain words and expressions. The expression' Watan' is defined in Clause (i) as follows:- 'Watan' means a village - office together with a right to hold the property appertaining there to held hereditarily; but does not include the village - offices of Sethsindhies and Neera- dies". Clause (j) definds ''Watander", to mean "a person who has been recognised by the competent authority to have a right to hold a watan". "Hissedar" is defined in Clause (e) to mean a "person who is not a holder or watan but to who recognised as a share -holder and is entitled to a share in the Haq-e-Malikana appertaining to the watan, that is to say, the one-third of the average scale of remuneration to which the concerned watandar is entitled". The expression'Gumasta' is defined by clause (d) to mean a persen appointed to officiate in place of a Watandar. "Appointed day" mean the day on which the Act came into force. Section 3 provider for the abolition of watans and all rights connected therewith. It reads as follows:

(3.) At this stage, we may refer to the Rules so made by the Governor, which were published on 28-7-1978. These Rules have been given retrospective effect from 7-12-1977. The expresson 'village-office' o4curring in Section 3 (2) of the Act, is defined in Rule 2 of these Rules. The definition reads: (k) 'Village Officer' means any office held by a person as patel, patwari, neeradi, kawalkar, sethsindhi, or any such village office by whatever disignation it may be locally known". The scheme of Section 3, read witn the Rules' is thus clear. With effect from appointed day, the Watans are abolished, but the person actually holding the Watan is continued in that port, which now become a 'village-office' within ihe meating of the aforsaid Rules. Further the right of such person to hold the village-office is subject exclusively to such Rules. In other words, his right or title to hold the village-office, is in accordance with and subject to such Rules. Thus, there is no hiatus and, therefore, no prejudice to the administration. We shall refer to the relevant provisions of the said Rules at their proper place.