The proviso introduced by the amending Act 2/79 to Sec. 38-E (2) of the andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, is well within the competence of State Legislature, being a legislation falling under Entry 18 of List II of the Seventh Schedule to the Constitution.

RAMCHANDRA RAO, J.

( 1 ) IN this batch of writ petitions, two common questions arise for consideration : (1) Whether the provisio to Section 38-1 (2) introduced by the andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Amendment Act 2/79 is unconstitutional (2) Whether the said proviso which came into force on 11-1-1979 has no retrospective operation ?

( 2 ) IN order to decide the said questions, it is necessary to notice the facts which have held to the passing of the said Amendent Act 2/79. The andhra Pradesh (Andhra Area) Tenancy and Agricultural Land Act 21/50 was enacted to amend the law relating to relations of land holders and tenants of agricultural land and the alenation of such land to enable land holders to prevent the excessive sub-division of agricultural holdings, to empower Government to assume in certain circumstances the Management of agricultural lands, to provide for the registration of Co-operative firms and to make further provision for matters incidental to afore said purposes. The said Act came into force on 10th June 1950 and it extends to the whole of the Telengana area of the State of Andhta Pradesh.

( 3 ) SECTION 2, the definition section, defines various words and expressions occuring in the several provisions of the Act. "tenancy" is defined in sect/on 2 (u) as meaning the relationship of landholder and tenant. "protected" is defined in section 2 (r) as meaning a person who is deemed to be the protected tenant under provisions of the Act. The section also contains defienitioas of the words "agriculture", "agriculturist", land , lease"permanent allenation" and other words or expressions, which it may not be necessary to refer in detail for the purpose of this case. Sections 5 to 33 of Chapter 111 contain general provisions relating to tenants, whereas sections 34 to 46 in Chapter iv contain provisions relating to protected tenants. Chapter V contant provision relating to restrictions on transfers of agricultural land, and the other Chapters VI, VII, VIII and IX deal with management of land, prevention of fragmentation and consolidation of holdings, Co-operative farms, Constitution of Tribunals, procedure and powers of authorities under the Act : Chapter X provides for offences and penalties, and chapter XI contains miscellaneous provisions. We are mainly concerned with the provisions in chapter IV relating to protected tenants.

( 4 ) SECTION 34 defines "protected tenants". Claims relating to pro. tected tenancy are decided by the Tahsildar under section 35 (1) and against the decision of the Tahsildar, a first appeal lies to the Collector and a second appeal to the Board of Revenue under section 35 (2) and the dcelaration given by the Tahsildar shall be conclusive that a person is a protected tenant and his rights as such shall be recorded in the record of rights, and where there is no record of rights, in such village record as may be prescribed. The validity or correctnes of a tenancy certificats issued pursuant to a decision under section 35 cannot be questioned in any civil or criminal court by reason of the provisions of section 99 of the Act, which bars the judisdiction of a Civil Court to settle, decide or deal With any question which is, by or under the Act, required to be settled, decided or dealt with by the authorites under the Act. Section 36 enables the protected tenant to recover possession of the land on complying with the requirements of the said section. Section 38 confers a right on the protected tenant to purchase the landholder s interest in the land held by him as a protected tenant subject to the provisions of sob-section (7) and other provisions of the said section.

( 5 ) WHILE so, by Amendment Act Wo. 3/54, which received the assent of the President on 31st January 1954, a number of amendments were r-58 made to the Act including the insertion of 38-E. Under section 38-E, the government may declare by notification in the Andhra Pradesh Gazette that ownership of all

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