INAMDARS OF SULHNAGAR COLONY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The main controversy in these petitions centres round the question whether the Hyderabad Tenancy and Agricultural Lands Act, 1950 (XXI o 1950) (hereinafter referred to as the Act), which was enacted after the inauguration of the Constitution, is inoperative for the reason that it was not reserved for the consideration of the President as required by Article 31 (3) of the Constitution but the assent of H. E. H. the Nizam of erstwhile Hyderabad State was obtained.

(2.) This Act was passed for the purpose of regulating the relations between the landlords and tenants of agricultural lands and imposing restrictions on alienations of such lands, to assume management of lands which are left uncultivated by the landlords For distribution of the surplus lands amongst the needy persons and to provide for registration of co-operative farms. The objects of the statute are contained in the preamble to it and they are in these words :

(3.) Thus, the preamble reflects the legislative policy of the Government in regard to land reforms. This statute had not obtained the assent of the President. It underwent several amendments some of which also were not assented to by the President. The third Amendment which introduced Section 38-E and which also re-enacted the whole of Section 38, was reserved for the consideration of the President. Section 38-E has delegated the power to State Government to select as area for the purpose of transferring Ownership of lands to protected tenants.