S NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Batch of Writ Appeals is filed by the State of Andhra Pradesh against the Judgment of a learned single Judge, declaring subsections (1) and (2) of Section 82 of the A.P Charitable and Hindu Religious Institutions & Endowments Act, 1987 (hereinafter referred to as "the Act), void and inoperative. While sub-section (1) has been declared to be "arbitrary and ultra vires of Articles 14 and 21 of the Constitution to the extent of lessees who are marginal or small farmers", sub-section (2) has been declared to be unconstitutional in its entirety.

(2.) Every Government in power has sought at all times to regulate charitable and religious institutions and endowments. Eatly in Nineteenth Century, Madras Regulation, 1817 was made vesting the powers of suprin-tendence, over endowments in the Board of Revenue, to ensure that the income and properties of endowments are utilised for purposes for which they are endowed. A similar Regulation was made in 1810 for Bengal. These Regulations were repealed by Act 20 of 1863, providing for control and supervision of the affairs and funds of the religious institutions and endowments. In 1890 came the Charitable Endowments Act, and in 1920 was enacted the Charitable and Religious Trusts Act, 1920. In 1927 was enacted the Madras Religious Endowments Act, 1927 which, in turn, was succeeded by Act 19 of 1951. After the advent of Andhra Pradesh, the Legislature of Andhra Pradesh enacted the A.P. Charitable and Hindu Religious lastitutions & Endowments Act of 1966, replacing Madras Act 19 of 1951, as well as the Hyderabad Endowment Regulations, 1349-F.

(3.) The Hindu Religious and Charitable Institutions in the State own substantial properties-both agricultural and non-agricultural. Most of these properties, particularly the agricultural lands, have at all times been under the occupation of tenants, since direct cultivation by these institutions was, normally speaking, not feasible or practicable. Some properties have been encroached upon by trespassers too. Some of the tenants, it is said, are rich and powerful persons in the village, who neither pay the rent regularly, nor vacate the land, when asked to do so In effect the institutions find themselves helpless against such persons. With a view to protect these properties, Section 75 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (No. 17) of 1966, was enacted. Sections 75 and 76 provided for eviction of encroachers upon the properties of religious institutions and endowments. The definition of the expression '"encroacher" was couched in expansive terms; it included a tenant whose tenancy has been terminated. Such persons could be evicted summarily under the provisions of Sections 75 and 76. But, these provisions has little effect so far as agricultural lands are concerned, because of the operation of tenancy laws relating to agricultural lands in the State. The Andhra Tenancy Act, 1956, and the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, provided a good amount of protection to tenants of agricultural lands. (Indeed, the latter Act is more drastic in nature, and provides greater protection to tenants/protected tenants). According to Section 10 of the Andhra Tenancy Act, every lease subsisting at the commencement of Andhra Tenancy (Amendment) Act, 1974, shall be deemed to be in perpetuity. It further declares that every lease entered into after the commencement of the said Amendment Act shall be for a minimum period of six years, shall be in writing and shall contain the prescribed particulars. Such lease is renewable successively for a further minimum period of six years at a time, subject to same terms and conditions. A tenant cannot be evicted under both the enactments except in accordance with the procedure prescribed therein. Both the Acts prescribe the grounds upon which a tenant can be evicted. They also prescribe the authority competent to order eviction. Sec. 18 (2) of the Andbra Tenancy Act, however provided a limited exemption in favour of these institutions. It made Sections 3 to 7 of the Andhrd Tenancy Act inapplicable to leases of lands belonging to, or given, or endowed for the purpose of any charitable or religious institution, or endowment, falling within Section 74 (1) of the A.P. Act 17 of 1966. The said sub-section, however, provided that the rent payable by the tenant in respect of such property shall be the rent in force at the commencement of Andhra Tenancy (Amendment) Act, 1974, and where reasonable rent has been fixed under Sec. 74 (1) (e) of the A.P. Act 17 of 1966, such reasonable rent. Secs. 3 to 7 of Andhra Tenancy Act, it may be mentioned, prescribe the maximum rent payable by tenants, prescribe the form of agreement of tenancy, provide for determination of rent, and also for deposit of rent during the pendency of proceedings for fixation of fair rent. All other provisions, including Sections 8 to 16 do apply. So far as the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, is concerned, it exempted from its operation "Inams held by religious or charitable institution (s)", as well as "service inam lands". Inams were abolished in the Telangana area of the State i n 1955, which process was completed in 1973. The Hyderabad Abolition of Inams Act initially did not apply to service-inam lands, and lnams held by religious or charitable institutions. But, by Amendment Act 29 of 1985, all such inams have also been brought within the purview of the Act, and abolished. The situation, therefore, is that none of the agricultural lands held by charitable and religious institutions in the Telangana area are exempt from the operation of Hyderabad Act 21 of 1950.