2020 AIR CC 1833 (AP) ::AIROnline 2019 AP 65

Andhra Pradesh High Court

Hon'ble Judge(s): C. Praveen Kumar, M. Satyanarayana Murthy , JJ

(A) Andhra Pradesh (Andhra Area) Inams (Abolition And Conversion Into Ryotwari) Act (37 of 1956) , S.4(1), S.7 Proviso— (as Amended In 2013) - Amendment in Ss.4,7 giving retrospective effect - Constitutional validity - Amended S.4 provides that no person is entitled to Ryotwari patta where inam land is granted to any person with burden to render service to institution or endowment and such endowment alone would be entitled to Ryotwari patta - Amendment of S.7 proviso creating bar from alienating land granted in favour of inamdar - Grant was made in favour of petitioner and ryotwari patta was issued u/S. 7 as service inam - Petitioner is entitled to enjoy property as long as he is rendering service to institution - If land covered by grant in favour of service inamdar is alienated, it would directly affect rights of institution - Deity is juristic person and it must be represented by either trustee or any other official and it is duty of State to protect rights of deity - Amendment in Act made with an object to protect interest of deities - Petitioner not entitled to claim any right in property vested on an institution governed by amended Act of 2013 - To strike balance between rights of institution and individual, more particularly, religious institution, where property belongs to institution and deity who is a perpetual minor, not protected by anyone - Giving retrospective effect to provision is n....