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, defi

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