The Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 does not effect the effacement of the inam tenure from the date of passing of the Act and the conversion into ryotwari tenure takes place from the date of grant of ryotwari patta.

Headnote:
Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Section 2-A - Constitutional validity - Whether the decision of the Full Bench in Y. Veeramma v. R. Surudamma AIR 1972 A.P. 161 is correct or not in so far as it decides that the Act does not effect the effacement of the inam tenure from the date of passing of the Act and the conversion into ryotwari tenure takes place from the date of grant of ryotwari patta.
Fact of the Case:

The petitioners, who are inamdars, have filed these writ petitions challenging the notices issued to them by the concerned officers of the Government that various categories of lands held by the inamdars which were enumerated in Sec. 2.A vested in the Government and they were therefore asked to surrender possession of those lands.
Finding of the Court:

The Full Bench of the Andhra Pradesh High Court held that the decision of the Full Bench in Y. Veeramma v. R. Surudamma AIR 1972 A.P. 161 is correct and does not require reconsideration. The Court held that the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 does not effect the effacement of the inam tenure from the date of passing of the Act and the conversion into ryotwari tenure takes place from the date of grant of ryotwari patta.
Issues: 1. Whether the decision of the Full Bench in Y. Veeramma v. R. Surudamma AIR 1972 A.P. 161 is correct or not in so far as it decides that the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 does not effect the effacement of the inam tenure from the date of passing of the Act and the conversion into ryotwari tenure takes place from the date of grant of ryotwari patta? 2. Whether Section 2-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 is constitutionally valid?
Ratio Decidendi: The Court held that the Act contemplated not mere abolition but also conversion of inam land into ryotwari tenure. There cannot be any hiatus or interregnum between the abolition and conversion of the inam land into ryotwuri tenure. The tenure cannot stand abolished and remain in a State of suspense till it is converted into ryotwari by grant of a ryotwari patta. If so, the inamdar or the tenant as the case may be, will not be liable to pay the assessment under the Inams Assessement Act or ryotwari assessment during the intervening period. If the contention of the petitioners is to be accepted there will be a hiatus between the abolition and the conversion of inam land into ryotwari tenure, and it will lead to anamolies and difficulties in determining the rights and fixing the liabilites of the inamdar and and the tenants. The provision of the Act should, therefore, be constrined in such a manner as not to lead to any such results. The legislative intention appears to be clear that there should be no time lag between the abolition and conversion of inam lands into ryotwari and that they should take place simultaneously. In other words, the intention is to abolish inam tenure by conversion into ryotwari tenure, and until conversion into ryotwari tenure takes place, the inam tenure continues. The scheme and object of the Act, coupled with the various provisions of the Act,indicate that the abolition of the inam tenure of the inam land would take place simultaneously or contemporaneously with the conversion of the inam lands into ryotwari tenure.
Final Decision: The writ petitions were dismissed.

ORDER :

(Order of Reference delivered by Alladi Kuppuswami J.)

1. These writ petitions have been posted before the Full Bench as by order dated 7-7-1978 of a Division Bench consisting of Kondaiah, J. (as he then was) and Raghuvir, J. expressed the view that the decision of the Full Bench in Y.Veeramma v. R. Surudamma1 requires reconsideration. The learned Advocate General has argued before us that the decision of the Full Bench is correct and does not require any re-consideration.

2. Before dealing with this question it is necessary to set out briefly the facts and circumstances of the case.

3. The Madras (Estates Abolition and Conversion into Ryotwari) Act (Act 26/48) (Shortly referred to as Estates Abolition Act) was passed in 1948. The Act provided for the abolition of all estates as defined in the Madras Estates Land Act and their conversion into ryotwari tenure. There were subsequent amendments of experession Estate' from time. Even so, it was found that certain inam lands which did not constitute an estate fell outside the purview of the Estates Abolition Act. It was felt desirable that certain rights should be conferred to the tenants in respect of those inam lands also. With this object the Andhra Pradesh Inams Abolition and Conversion into Ryotwari Act, 1956 (Act XXXVII of 1956) was enacted. This Act, applied to inam lands which did not constitute an estate under the Madras Estates Land Act. These inam lands were situate in inam villages, ryotwari villages and zamindari villages. Sec. 4 of the Act provided that in the case of an inam land in a ryotwari or zamindari village the person or institution holding such land as inamdar on the date of commencement of this Act shall be entitled to a ryotwari patta in respect thereof. See. 4 (2) dealt with inam land in an inam village. It was provided that if it was held by any institution on the date of commencement of the Act, the institution shall be entitled to a ryotwari patta. If it was held by an inamdar other than an institution, the tenant who was declared to be in occupation of that land on the 7th January 1948 was entitled to a ryotwari patta for two-thirds of the land and the inamdar to a ryotwari patta for the remaining one third, if the land was in actual occupation of the inamdar on the date of the commencement of the Act. If, however the land was in the occupation of a tenant on date, the tenant who was in occupation on the land on 7th January 1948 was entitled to a ryotwari patta in respect of two-thirds of the land, and the inamdar would be entitled to a ryotwari patta for one-third. But if no tenant had filed an application before the Revenue Court stating that he was in possession on 7-1-1948 the tenant in occupation of the land on the date of commencement of the Act would be entitled to a ryotwari patta for two-thirds of the land and the inamdar would be entitled to a ryotwari patta for the remaining one third.

4. Sec. 4 (3) provided that one-third share of the inam land in occupation of the tenant in respect of which the inamdar is entitled to a ryotwari patta shall bs deemed to the compensation payable to the inamdar in lieu of the extinguishment of his rights in the two-thirds share of such land. In view of these provisions it became necessary to find out in each case whether a particular land was an inam land, whether such inam land was in a ryotwari, zamindari or inam village and whether such inam land was held by any institution. Provision for an enquiry into these matters was made in Sec. 3. It also became necessary to determine who was in occupation of the inam land on 7-1-1948 and a provision was made to determine this in Sec. 5 of the Act. Sec. 7 provided for the grant of ryotwari patta to those entitled according to the provisions of the Act. Accordingly proceedings were taken under Sec. 3 and 5 of the Act, in regard to inam lands all over the State. In this state of affairs, the Act was amended by Act. 20 of 1975 by the introduction inter alia, of S

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