Judgment

GROVER, J.: This is an appeal by special leave from a judgment of the Bombay High Court dismissing a petition under Article 226 of the Constitution which had been filed by the appellants. The validity of the Hyderabad Tenancy and Agricultural Lands (Re-enactment, Validation and Further Amendment) Act, 1961, hereinafter called the "Maharashtra Act", was challenged. It was also sought to restrain the respondents from proceeding with the enquiry under Section 38 (E) of the Hyderabad Tenancy and Agricultural Lands Act (Act XXI of 1950) as amended by the Hyderabad Tenancy and Agricultural Lands (Amendment) Act (Act III of 1954), read with the relevant rules.

2. The appellants are land-owners in Pathri Taluka of Parbhani District. This district was originally a part of the erstwhile State of Hyderabad and the provisions of the Hyderabad Act XXI of 1950 were applicable there. By amending Act No. III of 1954 which received the assent of the President on 31st January 1954 a number of amendments were made. Section 38 (E) was inserted. By that section the Government could declare by notification that ownership of all lands held by protected tenants which they were entitled to purchase