KANKATALA NARAYANAMURTHY Vs. SUB COLLECTOR NARSAPUR
HIGH COURT OF ANDHRA PRADESH
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Justice Chinnappa Reddy J., -
(1.) The question in all these cases is whether an application under S. 6 of the Andhra Tenancy Act for fixation of fair rent is not maintainable in the case of lands belonging to a religious institution after the coming into force of Act 17 of 1966 not withstanding the fact that the committee contemplated by S. 74 (1) (e) of Act 17 has not been constituted. The decision of Kumarayya, C. J., and Kondaiah, J., in W. P. Nosi 2160 etc., of 1968 would appear to indicate that such an application is not maintainable. That would leave the tenant without remedy until such time as the Government takes to appoint a committee. This was noticed by Justice Kondaiah himself in V.S. V. Temple V. Rev. Divl. Officer1 where the learned Judge overruled a preliminary objection regarding the maintainability of such an application firstly on the ground that the objection had not been raised before the Subordinate Tribunals and secondly in the learned Judge's own words "no committee has so far been constituted under the Act 17 of 1966 to fix reasonable rent in respect of the lands belonging to the temple," There appears to be some apparent conflict and I think it is desirable that the question should be decided by a Division Bench. Sri Bheemaraju, relied upon the decisions reported in Ramkewal V. T. P. Pandey and Bhim Sen V. State of U.P. The Papers will be placed before my Lordship the Chief Justice.
(2.) In pursuance of the above order of reference, these petitions came for final hearing before the Division Bench and the Court made the following.
(3.) These petitions have been referred to the Bench by our learned brother, Chinnappa Reddy, J Since the point of law involved in these petitions is one and the same, we are disposing them of by this common order. The only question for our consideration is whether an application for fixation of tair rent under S. 6 of the Andhra Tenuncy Act, 1956 (Act. No. XVIII of 1956), hereinafter referred to as the Tenancy Act, is maintainable or not in the case of lands belonging to a religious institution afttr the coming into force of the Andbra Pradesh Charitable and Hindu Religious Institutions & Endowments Act (Act No. 17 of 19661, hereinafter referred to as the Endowments Act, notwithstanding the fact that the committee contemplated under S. 74(1)(e) of the Endowments Act has not been constituted.;
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