Judgement

Facts : - This was a petition under Article 226 of the Constitution of India. It prayed that in the circumstances stated in the affidavit filed therewith, the High Court would be pleased to issue a Writ in the nature of a Writ of Certiorari calling for the papers relating to the notification issued under Section 3(2) of Madras Estates Land (Reduction of Rent) Act, 30 of 1947, in respect of fixation of rent in the petitioners village of China Venkatapuram Agraharam in Narasannapeta Taluk (now Srikakulam District) covered by Notification No. 4773, at page 2092 of Fort. St. George Gazette elated 27-6-1950 and to quash the proceedings therein. This petition was heard by Honble Mr. Justice Bhimasankaram. It was argued before him, inter alia that the Rent Reduction Act itself was ultra vires for the reason that it was contrary to the terms of Art. 31 of the Constitution and S. 299 of the Government of India Act, 1935. As this involved interpretation of the Constitution, he was of the opinion that the matter should be considered by a Bench.

Accordingly the writ petition was heard, on 19th July 1955 by a Division Bench consisting of Honble Mr. K. Subba Rao, Chief Justice and Honble