In March 1961 during the pendency of the appeal the Andhra Pradesh High Court in Inamdars of Sulhanagar Ors.
The Agricultural Lands ,Tribunal and the Special Tehsildar, Parbhani District as also the Secretary The Agricultural Lands Tribunal Pathri Taluka of the same District started an inquiry under rule 54 of the Hyderabad Transfer of Ownership Rules and published a provisional list of those who were declared to be land owners which included some of the tenants of the appellants.
In February, 1961, the Maharashtra Act was enacted after the assent of the President had been obtained.
and till then the said Act was number valid and operative.
The validity of the numberification issued in May 1957 was also attacked.
this petition was dismissed by the High Court in March 1960.
The grounds of attack, inter alia, were that Arts.
226 of the Constitution in the Bombay High Court challenging the Maharashtra Act.
Appeal by special leave from the judgment and order dated March 25, 1964 of the Bombay High Court in Special Civil Application No.
It made certain further amendments.
By means of Bombay Hyderabad Areas Adoption of Laws State Concurrent Subjects Order 1956, the State of Bombay adopted and modified Hyderabad Act XXI of 1950.
Thereupon the appeal pending in this Court was withdrawn by the appellants with liberty to challenge the companystitutionality of the Maharashtra Act.
In January 1961 this Court granted special leave to appeal against that judgment.
By that section the Government companyld declare by numberification that ownership of all lands held by protection tenants which they were entitled to purchase from their land holders under the provisions of Chapter IV were to stand transferred to such tenants.
1 struck down Hyderabad Act XXI of 1950 as amended by Act III of 1954 on the sole ground that it had number received the assent of the President as required by Art.
According to the judgment of the Andhra Pradesh High Court, Hyderabad Act XXI of 1950 had never been assented to by the President although it had received the assent of the Rajpramukh of the, erstwhile Hyderabad State.
1 9 f and 3 1 of the Constitution had been companytravened and that the aforesaid Act had number been reserved for and had number received the assent of the President.
A.I.R. 1961 Andhra Pradesh 523.
The Bombay Legislature passed Act XXXII of 1958 which was first published in the Bombay Government Gazette on April 10, 1958 after having received the assent of the President.
464 of 1966.
It also repealed the amending laws and reenacted them and declared that as re enacted they shall be deemed to have companye into force on the day specified against each of them in the table given therein.
The district of Parbhani became a part of the erstwhile Bom bay State on the Enactment of the States Re Organisation Act, 1956.
III of 1954 which received the assent of the President on 31st January 1954 a number of amendments were made.
The validity of the Hyderabad Tenancy and Agricultural Lands Re enactment, Validation and further amendment Act, 1961, hereinafter called the Maharashtra Act, was challenged.
In July 1959 the appellants filed a writ petition in the High Court of Bombay assailing the vires of the provisions of s. 38 E of Hyderabad Act XXI of 1950.
In November, 1962 the appellants filed a petition under Art.
31 3 of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
By this Act further amendments were made in Hyderabad Act XXI of 1950.
It repealed and reenacted the Hyderabad Act XXI of 1950 and declared that it shall be deemed to have companye into force on 10th day of June 1950 as reenacted.
S. K. Sastri and R. H. Dhebar, for the respondents.
K. Seri and K. P. Gupta, for the appellants.
v. Government of Andhra Pradesh Anr.
The appellants are land owners in Pathri Taluka of Parbhani District.
226 of the Constitution which had been filed by the appellants.
The appellants filed objections which were dismissed.
was also sought to restrain the respondents from proceeding with the enquiry under S. 38 E of the Hyderabad Tenancy and Agricultural Lands Act Act XXI of 1950 as amended by the Hyderabad Tenancy and Agricultural Lands Amendment Act Act III of 1954 read with the relevant rules.
1882 of 1962.
As regards the decision of the Andhra Pradesh High Court supra by which the Hyderabad Act XXI of 1950 was struck down as number having received the assent of the President under Art.
31 3 the position taken up in the writ petition was that such assent had been given to it on April 3, 1958.
This district was originally a part of the erstwhile State of Hyderabad and the provisions of the Hyderabad Act XXI of 1950 were applicable there.
By amending Act No.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judg ment of the Bombay High Court dismissing a petition under Art.
A Notification was issued on May 21, 1957 by the Government of Bombay making a declaration under s. 38 E of Hyderabad Act XXI of 1950 in the district of Parbhani.
