JUDGMENT

Rajendra Babu, J.-Civil Appeal Nos. 3694-3748 of 1996 :

In a batch of writ petitions filed in the High Court of Andhra Pradesh the constitutional validity of Section 82 of the Andhra Pradesh Charitable &. Hindu Religious Institutions & Endowments Act, 1987 [hereinafter referred to as the Act ] was challenged. The learned Single Judge who heard these matters held that sub-section (1) of Section 82 of the Act is arbitrary and ultra vires of Articles 14 and 21 of the Constitution to the extent of lessees who are marginal or small farmers, are not excluded from its effect while sub-section (2) was declared to be unconstitutional in its entirety. The matter was carried in appeal to the Division Bench. The Division Bench concluded that Section 82(1) of the Act is violative of equal protection clause of the Constitution inasmuch as the provisions of Section 82 singles out the tenants of the lands held by religious institutions or endowments resulting in putting an end to their tenancy rights; that the said classification was not only unreasonable but also it had no nexus to the object sought to be achieved (i) as to payment of rent or augmentation of the revenue of the religious i