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High Court of Andhra Pradesh · body

2025 DAILYLAW 21030 (AP)

K NAGARAJU v. THE STATE OF ANDHRA PRADESH

WP/15031/2025 · 2025-06-29

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

s ■ i% 1^02025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0 0 0f O m MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMIVTAGADDA WRIT PETITION NO: 15031 OF 2025 Between: K Nagaraju, S/o. Venkata Subbaiah Aged about 30 years, Occ. Agriculture, R/o. D.No.1-56, Gandikota Village, Jammalamadugu Mandal, Y.S.R District ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Y.S.R District, Kadapa. The Revenue Divisional Officer, Jammalamadugu Revenue Division, Y.S.R District. The Tahsildar, Jammalamadugu Mandal, Y.S.R District 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of the respondentNo.3 in not proceed further in pursuance of the report submitted by the respondent No.4 through the proceedings in Ref.No.A/590/2024, dated 16.12.2024 stating that. my application vide No.NLCR241125065868, dated 25.11.2024 for conversion of the land in an extent of Ac.0.26 cents in Sy.No.92-4 of Gandikota Village, Jammalamadugu Mandal, Y.S.R District from agricultural to nonagricultural purpose may be considered and the said land may be converted from agricultural to non-agricultural purpose, even after lapse of six (6) months, arbitrary, illegal and abdication of statutory duty of cast upon him and contrary to the well established legal principles apart from being violative fundamental and Constitutional rights guaranteed to me under Articles 14, 19 21 and 300-A of the Constitution of India as of the and consequently direct the an extent of Ac.0.26 cents in Sy.No.92- Y.S.R District from agricultural to non-agricultural, by considering the report, dated 25.11.2024 submitted by the respondent No.4. respondent No.3 to convert the land in 4 of Gandikota Village. Jammalamadugu Mandal lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondent no 3 to dispose off the application dated submitted by me by considering the report dated 25-11-2024 submitted by the respondent no 4 pending disposal of the above writ petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 12-12-2024 V APHC010296702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY.THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15031/2025 Between: 1.K NAGARAJU, S/0. VENKATA SUBBAIAH AGED ABOUT 30 YEARS, RIO. D.NO.1-56, GANDIKOTA VILLAGE, OCC. AGRICULTURE JAMMALAMADUGU MANDAL, Y.S.R DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT 2.THE DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA. 3.THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU REVENUE DIVISION, Y.S.R DISTRICT. 4.THE TAHSILDAR, JAMMALAMADUGU MANDAL, Y.S.R DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in not proceed further inpursuance of the report submitted by the respondent No.4 through the proceedings in 16.12.2024 stating that, my application vide No.NLCR241125065868 , dated 25.11.2024 for conversion of the land in an extent of Ac.0.26 cents in Sy.No.92-4 of Gandikota Village, Jammalamadugu Mandal, Y.S.R District Ref.No.A/590/2024, dated S' from agricultural to nonagrioultural purpose may be considered and the said land may be converted from agricultural to non-agricultural purpose, evenafter lapse of six (6) months, as arbitrary, illegal and abdication of statutory duty of cast upon him and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.3 to convert the land in an extent of Ac.0.26 cents in Sy.No.92-4 of Gandikota Village. Jammalamadugu Mandal, Y.S.R District from agricultural to non-agricultural, by considering the report, dated 25.11.2024 submitted by the respondent No.4 pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct respondent no 3 to dispose off the application dated 12-12- 2024 submitted by me by considering the report dated 25-11-2024 submitted by the respondent no 4 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.VR REDDY KOVVURI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15031/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 In not proceed further in pursuance of the report submitted by the respondent No. 4 through the proceedings in Ref No. A/590/2024 dated 16.12.2024 stating that, my application vide NO.NLCR241125065866, dpted 25.11.2024 for conversion of the land in an extent of Ac.0.26 cents in Sy.No.92-4 of Gandikota Village, Jammalamadugu Mandal, Y.S.R District from agricultural to nonagricultural purpose may be considered and the said land may be converted from agricultural to non-agricultural purpose, even after lapse of six 6 months as arbitrary, illegal and abdication of statutory duty of cast upon him and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No. 3 to convert the land in an extent of Ac.0.26 cents in Sy.No.924 of Gandikota Village, Jammalamadugu Mandal, Y.S.R District from agricultural to non agricultural by considering the report dated 25.11.2024 submitted by the respondent No.4 and pass such other order or orders... ” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is in possession and enjoyment of the land admeasuring to an extent of Ac.0.26 4 .# cents in Sy.No.92-4 of Gandikota Village, Jammalamadugu Mandal, YSR District having acquired the same through a registered settlement deed dated 07.09.2023 duly executed by his mother in his favour. Thereafter, the petitioner herein paid requisite fee and submitted his application on 25.11.2024 seeking for conversion of his agricultural land in to non-agricultural land under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. He further submits that pursuant to the said application, respondent No.4 herein submitted a positive report to the respondent herein stating that the subject land is patta land and the petitioner has complied with all the terms as prescribed under the Act, 2006. But, even after receipt of the said report, the respondent No.3 for the reasons known to him neither considered the application nor issued any other proceedings. Hence, the writ petition. On the other hand, learned Government Pleader for Revenue appearing for the respondents furnished written instructions dated 24.06.2025 issued by respondent No.4, wherein, the relevant portion of the said instructions is extracted hereunder: 4. “The application of the petitioner vide No.NLCR241125065868, dated 25.11.2024 for conversion of land in an extent of Ac.0.26 cents in Sy. No. 92-4 of Gandikota Village, Jammalamadugu Mandal, Y.S.R. District was rejected by the respondent No. 3 (The Revenue Divisional Officer, Jammalamadugu) due to the pending O.S.No.97/2024 in the Court of the Hon’ble Junior Civil Judge Court, jammalamadugu filed by the Khajipeta Subamma regarding the title dispute on the subject Sy.No.92 total extent of AC. 1.29 cents of Gandikota Village. 5 On perusal of the said instructions, it is evident that the application dated 25.11.2024 is already rejected on the ground that the subject property was sub judiced due to pending title disputes in O.S.No.97/2024 filed by Smt.K.Subamma, who is claiming declaration of title regarding an extent of land Ac.1.29 cents in Sy.No.92 of Gandikota Village. In view of the pending title disputes regarding title over the subject property, having no other option the respondent No.3 rejected the claim of the petitioner for such conversion. Heard the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that the claim of the petitioner for conversion of the subject land from agricultural to non-agricultural purpose was already rejected on the ground that there is a title dispute between the petitioner and one Smt.K.Subamma regarding an extent of land i.e., Ac.1.29 cents in Sy.No.92 of Gandikota Village. It is further observed that as per the written instructions the subject land against which the petitioner sought for conversion is also part and parcel of the schedule property of the suit. However, as contended by the learned counsel for the petitioner, the subject rejection orders were so far not served upon the petitioner is to be considered. In view of the foregoing discussion, respondent No.3 is hereby directed to serve rejection proceedings, as observed in his written instructions to the petitioner, within a period of two (02) weeks from the date of receipt of a copy of this order. However, it is needless to observe that the petitioner is at liberty 5. one £ 6. 7. 6 to proceed further, in accordance with law, after receipt of rejection proceedings of the 3'''^ respondent. 8. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Y To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R District, Kadapa. 3. The Revenue Divisional Officer, Jammalamadugu Revenue Division, Y.S.R District. 4. The Tahsildar, Jammalamadugu Mandal, Y.S.R District 5. One CC to Sri. V R Reddy Kovvuri Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT 7. Three CD Copies GSC HIGH COURT DATED:30/06/2025 ORDER WP NO. 15031 OF 2025 5 ? * jm ?n?5 m ^ Current Section ^ DISPOSING THE WP WITHOUT COSTS