K. Ramaswamy, J. - (1.) The petitioners are challenging the constitutionality of Explanation II to Section 2(22) and Section 76 of the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1987 (30 of 1987) (for short, "the Act") in this writ petition, apart from other provisions of the Act challenge to which is decided in other connected matters. In this case we confine our consideration to the validity of the above provisions. It is contended in the writ petition and argued by Shri R. Venugopal Reddy, their learned senior counsel, that ryotwari pattas having been granted under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act (37 of 1956) (for short' "the Inams Abolition Act") and the same having attained finality, the legislature is devoid of power under the Act to set at naught the effect of the grant of ryotwari patta to the archakas, service holders or employees covered under the Act by a legislative side-wind. It is their case that by grant of ryotwari patta in favour of the aforesaid persons, they became absolute owners of the property. The legislature, therefore is devoid of competence to make the law, employing non obstante clause, to take away their vested rights without compensation. Shri. P. P. Rao, learned senior counsel for the State, contended that since the legislature abolished hereditary rights of archakas, service holders or other employees and introduced payment of salary for them, the legislature is competent to enact Section 76 and Explanation II to the definition of endowment under Section 2 (22), divesting their title and vesting the same in the endowment or institution as the case may be.
(2.) Section 2(22) of the Act defines religious endowment thus: "2(22)- religious endowments means property (including movable property), and religious offerings whether in cash or kind, given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity of a public nature connected therewith or of any other religious charity; and includes the institution concerned and also the premises thereof. Explanation II:- Any Inam granted to an archaka, service holder or other employee of a religious institution for the performance of any service or charity in connection with a religious institution shall not be deemed to be a personal gift to the archaka, service-holder or employee, notwithstanding the grant or ryotwari patta to all archaka, service holder or employee under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Roytwari) Act, 1956 but shall be deemed to be a religious endowment."
(3.) A reading of the section would show that religious endowment means property including movable property given or endowed for the support of a religious institution or given or endowed for the performance of any service or charity of a public nature connected there with or of any religious charity and includes the institution connected and also the premises thereof. Any inam granted to an archaka, service holders or other employees of a religious institution for the performance of any service or a charity in connection with the institution shall be deemed to be a personal gift to the archaka, service holders or employee, notwithstanding the grant of ryotwari patta to all archakas, service holders or employees under the Inams Abolition Act, but shall be deemed to be a religious endowment. Section 76 of the Act, reads thus: "76. Prohibition of transfer of lands granted for rendering service to a religious or charitable institution or endowment:- (1) Where, before or after the commencement of this Act, any person has been granted ryotwari patta in respect of any inam land given to a service holder or other employee of a charitable or religious institution or endowment for the purpose of rendering service to the institution or endowment then, notwithstanding to the contrary in any other law for the time being in force or in the deed of grant or of transfer or other document relating to such land it shall be and shall be deemed never to have been granted and the lands covered by such ryotwari patta shall not be transferred and shall be deemed never to have been transferred and accordingly no right or title in such land shall vest in any person acquiring the land by such transfer and a ryotwari patta in respect of such land shall be deemed to have been granted in favour of the institution or endowment concerned and thereafter the person in possession of such land shall be deemed as an encroacher and the provisions in Sections 84 and 85 and shall apply. (2) No ryotwari patta holder in respect of the aforesaid land shall transfer any such land and no person shall acquire any such land either by purchase, gift, lease, mortgage, exchange or otherwise. (3)Any transfer or acquisition made in contravention of the provisions in sub-section (1) or sub- Section (2) shall be deemed to be null and void. (4) The provisions of Section shall apply to any transaction of the nature referred to in sub-Section (2) in execution of a decree or order of a Civil Court or any order for any other authority." ;