APHC010056552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 3044 OF 207.*^ Hi'H S JUNE o NIMMAGADDA Between: ShalL Mohammad, S/o Shaik Mastan, aged about 27 years, R/o D.No.6-6- 503, Irala Nagar, Tirupati Urban, Tirupati District. ...PETITIONER AND 1- The State of Andhra Pradesh Rep.by its Principal Secretary, Revenue epartment, A.P, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Rayachoty, Annamayya District. 3. The Sub-Collector, Madanapalle, Annamayya District. 4. The Tahsildar, Madanapalle, Madanapalle Mandal, Annamayya District. ...RESPONDENTS Petition under Article 226 of the circumstances stated i Constitution of India praying that in the affidavit filed therewith, the High Court may be of^Writ o°fT7 in the nature Wnt of Mandamus, declaring the rejection of the 250108069640 Dated 08-01 Conversion, by the 3'^ application NLCR 2025, of the petitioner submitted for Land as illegal, arbitrary, without and in violation of Principles of Natural any authority Justice and consequently direct the 3"'^ application NLCR250108069640 respondent to consider the Dated / / / 08-01-2025 without reference to the NOC of Geology. Department of Mines and lA NO: 1 OF 2Q2fi Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3 praying that in the circumstances stated rd respondent to consider the 250108069640 Dated;08-01-2025 Conversion without reference to the NOC Geology pending disposal of the above writ petition. application vide NLCR petitioner for land submitted by the of Department of Mines and Counsel for the Petitioner: SRI P. GANGA RAMI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order; REDDY APHC010056552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3044/2025 Between: 1.SHAIK MOHAMMAD,, S/0 SHAIK MASTAN, AGED ABOUT 27 YEARS, R/0 D.NO.6-6-503, IRALA NAGAR, TIRUPATI URBAN, TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT. 3.THE SUBCOLLECTOR, MADANAPALLE, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, MADANAPALLE, ANNAMAYYA DISTRICT. MADANAPALLE MAN DAL, ...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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection of the 2 application NLCR 250108069640 Dated 08-01-2025, of the petitioner Zhn! Conversion, by the 3rd respondent asillegal, arbitrary "'n ° °f Natural Justice ' '■®®P°u'tent to consider the NLCR250108069640 Dated 08-01-2025 Department of Mines and Geology and and application without reference to the NOC of \ pass lA NO: 1 OF 2n9f; in ZZZ “tcumstances stated in the affidavit filed in support of the petition, the High Court may be pieased NLCR 25nTnnn«l° ^-respondent to consider the applicati^rv^e NLCR 250108069640 Dated:08-01-2025 submitted by the petiHmer for land Geir'°" T7 Department of Mines and Geology pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 3 -j-HE honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3044/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ Pleased to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the rejection of the application NLCR 250108069640 Dated:08-01-2025, of the petitioner submitted for Land Conversion, by the 3""^ respondent as illegal, arbitrary, without any authority and in violation of Principles of Natural Justice and consequently direct the 3''^ respondent to consider the application NLCR250108069640 Dated 08-01-2025 without reference to the NOC of Department of Mines and Geology and pass ” Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. one 2. Learned counsel for the petitioner submits that the petitioner is the 3. absolute owner and possessor of land admeasuring to an extent of Ac.0.59 cents in Sy.No.71/2, Venkappakota Revenue Village, Madanapalle Mandal. The same was acquired by the petitioner through a registered sale deed Document No.20249/2024, dated 30.09.2024. Accordingly, the bearing petitioner’s name was duly mutated in the revenue records pertaining to the said land. It is submitted that for the purpose of converting the said land from cultural to non-agricultural land, the petitioner submitted an application agri under Section 4 of the Andhra Pradesh Non-Agricultural Purposes) Act, 2006, number vide NLCR250108069640, dated 08. respondent and also paid the Government for such submission, the 3'"^ respondent rejected the reasons. Hence, this writ petition Agricultural Land (Conversion for the said application was assigned 01.2025, and placed before the 3'^ requisite land conversion tax/fee to the conversion. However, despite the payment and application without assigning any 4. On the other hand the learned Assistant Government rejection of the application by Pleader appearing for the respondents submits that the the 3 respondent appears to have been made without assigning any reasons, thereby not adhering to the principles of natural justice. The learned Assistant Government Pleader also assures that the competent authority i will visit again the cause of the i.e., the Revenue Divisional Officer subject land and pass appropriate orders i petitioner and in accordance with the law. 5. Having regard to the submissions petitioner, the learned Assistant Government Pleader on perusal of the material available admeasuring to an extent of Ac.0.59 part of the total extent of land of Ac.2.40 The petitioner acquired the bearing Document No.20249/2024, of the learned counsel for the for the respondents and on record, it is a fact that the subject land cents in Sy.No.71/2, which constitutes a cents in the same survey number, subject land through a registered sale deed dated 30.09.2024. Consequently, the r r petitioner's name was duly mutated in the revenue records pertaining to the said land. 5 It is observed that the total' land admeasuring to an extent of Ac.2.40 6. cents including the petitioner’s subject land to an extent of Ac.0.59 cents in originally assigned 71/2, to an was Sy.No. ex-serviceman by the Tahsildar, Madanapalle vide AM No.72/4/1416, dated with the condition that the assignment being 20.01.2007, transferable/alienable to the third parties as per the conditions stipulated in the assignment patta. Consequently, the petitioner acquired absolute ownership over the subject property under a registered sale deed dated rights 30.09.2024. As contended by the learned counsel for the petitioner, it appears that the subject property is a freehold property, and the petitioner possesses absolute rights over the land. Therefore, the petitioner’s application dated 08 01.2025, submitted for the conversion of the subject land into non- agricultural land under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, is liable to be considered. The impugned rejection of the said application was made without assigning any reasons, without issuing any prior notice, which is in violation of the principles of natural justice apart from violation of principle of reasonableness. Furthermore, the due procedure as contemplated under the 6 /9 Act was not followed, which render the sustainable. action of rejection is illegal and 7. As reasons explained above thiIS Court deems it appropriate to dispose of the Writ Petition by setting aside the order of rejection without assigning any reasons, which is contrary to the principles of natural justice and 1 non-observation of the due procedure of law. remanded to the 3'^'^ respondent for reconsideration of the However, the matter is petitioner’s claim within a reasonable time i.e., not later than three (03) months period from the date of receipt of a copy of this order by adhering to the principles above and in accordance with the law. as indicated 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- K. TATA RAO deputy registrar SECTION OFFICER //TRUE COPY// ^ X To, 1. The Principal Secretary, Revenue Department, Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, 2. The District Collector, Rayachoty, Annamayya District. 3. The Sub-Collector, Madanapalle, Annamayya District. 4. The Tahsildar, Madanapalle. Madanapalle Mandal. Annamayya District. 5. One CC to Sri P. Ganga Rami Reddy, Advocate [OPUC] 6. TwoCCsto GP for Revenue. High Court of Andhra Pradesh [OUT] 7. Two CD Copies. State of Andhra Guntur District. fl HIGH COURT DATED;18/06/2025 ■ \ ORDER WP No.3044 OF 2025 I UAmim 3, ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS