Back
Andhra Pradesh High Court
Judges : K.RAMASWAMY
Pavuluri Ramaiah - Appellant
Versus
State OF A.P., Rep.by the secretary, Endowments Dept., secretariat Buildings, Hyd. - Respondent
Decided On : 12-19-88
The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act XXX of 1987) is challenged on the ground that Section 82 of the Act is unconstitutional, illegal and arbitrary. The petitioners are lessees of agricultural lands belonging to various charitable or religious institutions or endowments. Section 82 of the Act extinguishes all existing leases of agricultural lands belonging to or given or endowed for the purpose of any institution or endowment subsisting on the date of commencement of the Act, except in the case of landless poor persons. The petitioners contend that Section 82 violates Articles 14, 21, and 31-A of the Constitution.
Fact of the Case:
The petitioners are lessees of agricultural lands belonging to various charitable or religious institutions or endowments. They have been in possession of the lands for periods ranging from 11 to 70 years. They received notices from the Executive Officer, Sri Lakshminarasimha Swamy Vari Devasthanam, Mangalagiri, Guntur District, directing them to vacate possession of the demised lands by operation of section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments, Act, 1987 (Act XXX of 1987).
Finding of the Court:
The Court held that Section 82 of the Act is unconstitutional and void to the extent that it affects the petitioners who are marginal or small farmers. The Court found that the classification of lessees into rich farmers and marginal or small farmers is arbitrary and unreasonable. The Court also found that the procedure for payment of consideration by the landless poor lessees is unfair and unjust.
Issues: 1. Whether Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act XXX of 1987) is unconstitutional? 2. Whether the classification of lessees into rich farmers and marginal or small farmers is arbitrary and unreasonable? 3. Whether the procedure for payment of consideration by the landless poor lessees is unfair and unjust?
Ratio Decidendi: 1. The Court held that Section 82 of the Act is unconstitutional and void to the extent that it affects the petitioners who are marginal or small farmers. The Court found that the classification of lessees into rich farmers and marginal or small farmers is arbitrary and unreasonable. The Court also found that the procedure for payment of consideration by the landless poor lessees is unfair and unjust. 2. The Court held that the classification of lessees into rich farmers and marginal or small farmers is arbitrary and unreasonable because there is no rational basis for the classification. The Court noted that the Act does not define the terms "rich farmer" and "marginal or small farmer." The Court also noted that there is no evidence to support the claim that rich farmers are more likely to be in possession of agricultural lands belonging to charitable or religious institutions or endowments than marginal or small farmers. 3. The Court held that the procedure for payment of consideration by the landless poor lessees is unfair and unjust because it requires them to pay the full purchase price of the land in four equal installments within a short period of time. The Court noted that many landless poor lessees are unable to afford to make these payments.
Final Decision: The Court allowed the writ petitions filed by the petitioners who are marginal or small farmers and dismissed the writ petitions filed by the petitioners who are rich farmers.
( 1 ) IN this batch of writ petitions, all the petitioners/lessee-peasants, whose, main avocation is husbandry, when Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and endowments, Act, 1987 (Act XXX of 1987), for short "the Act", hits them hard of their livelihood, are assailing its Constitutional validity on diverse grounds. It received the assent of the Governor on april 21, 1987 and the President of India on May 15, 1987, and was published in the Andhra Pradesh Gazette on May 23, 1987. The facts set out in Writ Petition no. 9461 of 1987 are sufficient to dispose of the points raised in these cases. Eight petitioners therein are lessees. An extent of Ac. 5-00; Ac. 1-50 cents, Ac. 1-40 cents ac. 2-90 cents, Ac. 1-50 cents, Ac. 2-40 cents situated in Nagarajapally village were taken lease of by the petitioners 1 to 3 respsctively, Ac. 4-00, Ac. 3-01 cent. Ac. 4-90 cents Ac. 2-30 cents, Ac. 1-50 cents situated in Konedena Village were taken lease of by the petitioners 3 to 8 respectively from the Executive Officer, sri Lakshminarasimha Swamy Vari Devasthanam, Mangalagiri in Guntur District, the third respondent. They have been in possession for over 30 to 70 years as cultivating tenants, except the second petitioner who has been in possession for over eleven years. They received the notices dated july 9/10, 1987, directing to vacate possession of the demised lands by operation of section 82 of the Act. They resisted in their reply that they are governed by the andhra Pradesh (Andhra Area) Tenancy act (Act XVIII of 1956) as amended in act No XXXIX of 1974, (for short, "the tenancy Act" ). Their plank in the writ petition is that Section 82 is unconstitutional, illegal and arbitrary. Similar are the facts in the rest of the writ petitions, the details of which are redundant to count. Writ Petition Nos. 9382, 9603, 9607, 9610, of 1987 and 584, 13826 and 13882 of 1988, the details of the extent of the leasehold land have not been mentioned. In 54 writ petitions the extent of lease-hold lands vary between ac. 1-00 to Ac. 10-00. In Writ Petition no. 7384/88 the extent is 7 cents. In nine writ petitions, the extent of the lands vary between Ac. 15-00 to Ac. 10-00. In twenty writ petitions it varies between Ac. 17-00 to Ac. 35-00. In Writ Petition No 9233 of 1987, the lease-hold lands are Ac. 91-31 1/2 cents; and in Writ Petition No 9782 of 1987, Ac. 68-44 cents, in Writ petition No 1938 of 1988, Ac. 57-40 cents; in Writ Petition No. 4288 of 1988, Ac. 85-10 cents. The total extent of leasehold wet lands in the entire State belonging to the various charitable or religious institutions or endowments are Ac. 81, 878-02 1/2 cents wet lands and dry lands are ac. 2,41 419-78 2/3 cents. The number of tenants are 39,927. Out of that, ac. 925-23 cents of wet land and ac. 3,120-65 cents of dry land have been sold out. The balance available wet land is Ac. 80,956-79 1/2 cents and Ac. 2,39,299 2/3 cents of dry land to these institutions and endowments.
( 2 ) THE Act is sequel to the report submitted by Justice Chella Kondaiah, chief Justice (Retired) of this Court. The State appointed the Commission in G O Ms No. 729 dated April 30, 1984, to review the present system of management of the institutions and endowments and their properties, the need to protect them from tenancy and other laws, the measures to be taken to protect the interests of the institutions, etc. In Part vi of the Report in paragraph 1. 18. 1 at page 72 of the Report, it is stated that all concerned who are interested in the religious or charitable institutions have stated that the temple authorities are facing innumerable difficulties in the management of the landed properties of the institutions, the income is very meagre, not worth-mentioning, and in some cases it is nil, although the institution owns large extent of lands. Reason thereof is the provisions of the tenancy Act, attitude of the persons in possession and enjoyment for
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
