ORUGANTI JEETHAIAH Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) Ms. T.P.S.Harsha, learned Counsel for the petitioners. Ms. M.Rajeswari, learned counsel for the respondents. This writ petition has been filed challenging the Constitutional validity of Sec. 24 of the A.P. Hindu Religious and Charitable Endowments Act, 33 of 2007 (hereinafter referred to as 'the Principal Act') purporting to add the words "Other than those lands situated Municipalities and Municipal Corporation" after the words "in respect of lease of Agricultural Lands" in Sub-Sec. 2 of Sec. 82 of the Principal Act and further adding Explanation-II to Sec. 82 of the Principal Act, as being unconstitutional, illegal and void.

(2.) It is the case of the petitioners that the petitioners, along with others, were the protected tenants in respect of the lands bearing Sy.Nos.11, 34, 43, 44, 45, 48, 49, 58, 59, 61, 64 and 65 of Khanamet village, Serilingampally Revenue Mandal, Ranga Reddy District, (hereinafter referred to as 'the subject lands'). The subject lands were earlier belonging to one Bhadrinath, who was the pattedar and landholder while the petitioners and others were protected tenants thereon within the meaning of the term under the provisions of the A.P. (Telangana Area) Tenancy and Agriculture Land Act, 1950 (hereinafter referred to as 'the Tenancy Act'). The said Bhadrinath is alleged to have conveyed the subject lands, along with some other lands owned by him in Khanamet revenue village, in favour of the 2nd respondent, Gurukul Ghatkesar Trust, by a registered deed dtd. 2/5/1951 bearing document No.796/1951. In the process of implementation of the provisions of Tenancy Act, the petitioners and others had been recorded as the 'Protected Tenants' of the subject lands while the 2nd respondent was recorded as the 'Landholder' in Khasra Pahani of the year 1954-55 and the same has become final.

(3.) The petitioners, while referring to Sec. 38 of the Act, which is provided for the right of the protected tenants to purchase the interest of the landholders subject to certain conditions and limitations. Sec. 38-A provided for mutual agreement between the landholders and tenants for transfer of the landholders' interest to the protected tenants without any conditions or limitations. While Sub-Sec. (1) of Sec. 40 of the Tenancy Act declares the Tenancy as heritable Sub-Sec. (4) thereof declares that the rights of the protected tenants in the land as 60% and the rights of the landholder limited to 40%.