APHC010701162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NOs: 41729/2022 & 27205/2023 WRIT PETITION NO: 41729/2022 Between: 1. BEVERA SIMHACHALAM, S/O LATE KAMI NAIDU, AGED 47 YEARS, ADVOCATE, R/O.D.NO.50-65-31/A, SEETHAMMAPETA, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, PARVATHIPURAM, VIZIANAGARAM DISTRICT. 5. THE TAHSILDAR, BALIJIPETA MANDAL, VIZIANAGARAM DISTRICT, 6. THE DISTRICT PANCHAYAT OFFICER, VIZIANAGARAM DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, BALIJIPETA MANDAL, VIZIANAGARAM DISTRICT. 8. THE VANTHARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BALIJIPETA MANDAL, VIZIANAGARAM DISTRICT. Page 2 of 8 9. BEVERA SATYANARAYANA, S/O LATE KANNI NAIDU, AGED ABOUT 65 YEARS, ADVOCATE, R/O.D.NO.48-5-52, SRI NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. ...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 a Writ, Order or direction more particularly one in the nature of Wirt of Mandamus declaring of action, things and deeds of Respondents in allowing 9th Respondent to convert the tank (water body) into unauthorized Layout House Plots situated in an extent of Ac.1.11 cents in Sy.No.144-1 of Vantharam Village, Balijipeta Mandal, Vizianagaram District which is illegal, irregular, arbitrary, un-constitutional, against to the Principles of Natural Justice, contra to the provisions of A.P. Panchayat Raj. Act as well as Andhra Pradesh Agricultural Land (Conversion for non Agricultural Purpose) Act, 2006 and in violation of Articles 19, 21 and 300-A of constitution of India, consequently direct the Respondents to keep intact the tank (water body) in an extent of Ac.1.11 cents in Sy.No.144-1 of Vantharam Village, Balijipeta Mandal, Vizianagaram District and to pass IA NO: 1 OF 2022 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 the Respondents not to issue proceedings for conversion of land in an extent of Ac.1.11 cents in Sy.No.144-1 of Vantharam Village, Balijipeta Mandal, Vizianagaram District pending disposal of the Writ Petition and to pass IA NO: 1 OF 2023 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 grant leave to the respondent No.9 tofile the counter affidavit in W.p.no.41729 of 2022 and pass IA NO: 1 OF 2024 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 grant leave to the Respondent No.5 in the Writ Petition No. 41729 of 2022 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. P RAJKUMAR 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. N SRIHARI (Standing Counsel for MPP ZPP and GRAM PANCHAYAT) WRIT PETITION NO: 27205/2023 Between: 1. BEVARA SATYANARAYANA, S/O LATE KAMI NAIDU, AGED ABOUT 65 YEARS OCC. ADVOCATE RIO DOOR NO.48-5-52, SRINAGAR NEAR RAMA TALKIES, VISAKHAPATNAM ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT 3. THE SUB COLLECTOR, PARVATHIPURAM PARVATHIPURAM MANYAM DISTRICT 4. THE TAHSILDAR, BALIJIPETA MANDAL PARVATHIPURAM MANYAM DISTRICT 5. BEVARA SIMHACHALAM, S/O LATE KAMI NAIDU, AGED ABOUT 47 YEARS OCC. ADVOCATE RIO DOOR NO.50-65-31/A, SEETHAMMAPETA VISAKHAPATNAM ...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 tobe pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd Respondent in passing orders on the proposals sent by the 4th Respondent in Rc.No.157/2021 dated 04.08.2021 for conversion of Petitioner's Agricultural Land in to Non-Agricultural Land to an extent of Ac.1.11 Cents in Sy No.144-1 of Vantram Village, Balijipeta Mandal, Parvathipuram Manyam District as illegal, arbitrary, unjust, irrational and violative of principles of natural justice, Articles 14 and 300A of the Constitution of India as also contrary to the provisions of A.P. Agricultural Land (Conversion for Non-Agricultural Purpose) Act,2006 and consequently direct the 3rd Respondent to accord permission to the Petitioner to convert his land to an extent of Ac.1.11 Cents in Sy No.144-1 of Vantram Village, Balijipeta Mandal, Parvathipuram Manyam District in to Non-Agricultural Land and pass such IA NO: 1 OF 2023 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 be pleased to direct the 3rd Respondent to accord permission to the Petitioner to convert his land to an extent of Ac.1.11 Cents in Sy No.144-1 of Vantram Village, Balijipeta Mandal, Parvathipuram Manyam District in to Non- Agricultural Land and pass such IA NO: 1 OF 2024 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 grant leave permit to file counter affidavit by the Petitioner/Respondent No.5 in W.P.No. 27205 OF 2023 and pass IA NO: 2 OF 2024 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 may be pleased to grant leave to the respondent No.3 in the WP.No. 27205 of 2023 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. P RAJKUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. NARASIMHA RAO GUDISEVA The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 41729 of 2022 & 27205 of 2023 COMMON ORDER:- Since both the writ petitions are interconnected, the writ petitions are disposed of by way of common order. 2. W.P.No.41729 of 2022 is filed challenging the action of the official respondents in allowing the respondent No.9 to convert the tank (water body) into an unauthorized layout house plots situated in an extent of Ac.1.11 cents in Sy.No.144/1 of Vantharam Village, Balijipeta Mandal, Vizianagaram District and consequently prayed to direct the respondents to keep intact the tank (water body). 3. W.P.No.27205 of 2023 is filed challenging the action of respondent No.3 in not passing orders on the proposals sent by respondent No.4 vide Rc.No.157/2021, dated 04.08.2021, for conversion of petitioner’s agricultural land into non-agricultural land to an extent of Ac.1.11 cents in Sy.No.144-1 of Vantram Village, Balijipeta Mandal, Parvathipuram District. 4. Heard learned counsel appearing on both sides. 5. The case of the petitioner in W.P.No.27205 of 2023 is that he is the resident of Vantaram Village and he is an Advocate. The petitioner purchased an extent of Ac.1.11 cents in Vantaram Village vide document No.4251 of 2005, dated 11.11.2005. Thereafter, the respondents have issued Pattada Passbook and Title Deed in favour of the petitioner. Since then, the petitioner has been in possession and enjoyment of the subject property. The petitioner made an application to respondent No.3 to convert his land into non- agricultural land, on the premise that the subject land is adjacent to the Village and other adjacent lands have been converted into houses. An inquiry was conducted and respondent No.3 has recommended for conversion of subject land into non-agricultural land. The Revenue Divisional Officer has intimated to obtain land patta for land conversion as per G.O.Ms.No.98 Revenue (DA&LR) Department, dated 19.02.2018. Despite the said recommendation, the respondent authorities are not converting the land into non-agricultural land. 6. Learned counsel for the petitioner filed memo vide USR No.128550 of 2025 dated 10.11.2025. Along with the said memo, the following documents have been submitted to support the assertion that the land in Sy.No.144/1 is a water body. This is the primary contention, and the authorities are attempting to grant land conversion permission, which cannot allowed. 7. I have also gone through the documents filed by writ petitioner in W.P.No.41729 of 2022. Upon reviewing the documents painstakingly obtained under the Right to Information Act, the F.C.O. indicates that the land in Survey No.144/1 is not classified as a water body but rather as wet land. A photocopy of the checklist signed by the Tahsildar in this proceeding it shows that the land was classified as wet land according to the RSR. Additionally, the endorsement issued by the information officer confirms that the land in Survey No.144/1 is not a water body and is designated as wet land according to the adangal. The documents that filed adequately proved that the land in Sy.No.144/1 is wet land and not a water body. Indeed, the petitioner proved the case in the negative. 8. The Revenue Divisional Officer has filed counter-affidavit duly admitting that the petitioner paid onetime conversion charges to the Government on 13.07.2021 and duly recommended for conversion of land on 03.08.2021 and further stated in the counter that the land mentioned was not covered by any litigation/court cases/encroachment and that the lands are not assigned/LCC surplus land agricultural ceiling surplus land/tank bed lands/Government lands and that the land applied is as per the master plan and also admitted that the land in Sy.No.141-1 to an extent of Ac.1.11 cents is recorded as Ryotwari wet, but not as water body. 9. As seen from the averments made in the counter-affidavit filed by the Revenue Divisional Officer, the contention raised by learned counsel for the petitioner in W.P.No.41729 of 2022 that the land in Sy.No.144-1 is water body, is not tenable and sustainable. 10. In view of the discussion supra, W.P.No.41729 of 2022 is dismissed. Consequently, W.P.No.27205 of 2023 is allowed and the respondents are directed to pass appropriate orders on the proposals made on 04.08.2021 in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.11.2025 TVN 152 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NOs: 41729 of 2022 & 27205 of 2023 Date: 17.11.2025 TVN