2011 (8) TMI 1349 - HC - Indian Laws

Summary

Issues Involved:
1. Eligibility of the petitioner Sangham to claim benefits under Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
2. Validity of the lease in favor of the petitioner Sangham.
3. Determination of whether the petitioner Sangham's members qualify as landless poor persons.
4. Interpretation of the term "landless poor person" under Section 82(2) of the Act of 1987.
5. Applicability of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 to the lease.

Detailed Analysis:

1. Eligibility of the Petitioner Sangham to Claim Benefits under Section 82 of the Act of 1987:
The petitioner Sangham challenged the proceedings dated 22.01.2005 and the appellate order dated 16.09.2005, which held that the petitioner was not eligible to claim benefits under Section 82 of the Act of 1987. The court directed the fourth respondent to reconsider the application as one submitted individually by its members, determining whether each member fulfilled the requirements of the Explanations to Section 82(2) of the Act of 1987.

2. Validity of the Lease in Favor of the Petitioner Sangham:
The court found that the lease in favor of Sannakaru Rythu Sangham, Peddapuram, was valid and executed in accordance with due procedure. The lease was initially for six years from 1979-80 to 1984-85. The court held that the petitioner Sangham, being the successor-in-interest of the original lessee Sangham, continued as the lawful lessee of the fifth respondent Choultry in respect of these lands, despite the initial lease ending in 1984-85.

3. Determination of Whether the Petitioner Sangham's Members Qualify as Landless Poor Persons:
The court emphasized that the individual members of the petitioner Sangham should be considered for determining whether they fulfilled the requirements of Section 82(2) of the Act of 1987. The authorities were directed to consider the certificates issued by the Mandal Revenue Officer, Peddapuram, and other relevant material to ascertain whether each member qualified as a landless poor person.

4. Interpretation of the Term "Landless Poor Person" under Section 82(2) of the Act of 1987:
The court clarified that the term "landless poor person" should be interpreted to refer to individual farmers who fulfill the stipulated requirements, rather than treating the Sangham as a single unit. The court noted that the legal character of a society registered under the Societies Registration Act, 1860, did not confer it the status of a body corporate, and it should not be treated as a unit for the purpose of applying Section 82(2).

5. Applicability of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 to the Lease:
The court acknowledged that the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, applied to the subject lease until 1987, and the petitioner Sangham must be deemed to have continued as the lawful lessee of the fifth respondent Choultry. The authorities' finding that there was no lease existing in favor of the petitioner Sangham as of 1987 was deemed incorrect.

Conclusion:
The writ petition was allowed, and the orders dated 22.01.2005 and 16.09.2005 were set aside. The fourth respondent was directed to reconsider the application of the petitioner Sangham's members individually and determine their eligibility for the benefits under Section 82(2) of the Act of 1987. The exercise was to be completed within six months, and the parties were to maintain the status quo during this period.