\' 1 APHC010056582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) : / WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3164 OF 2025 Between: Shaik Sabhiha Zareen, S/o. M Riyaz, aged about 41 years, R/o D.No.11-3B, Fort Street, Madanapalle Town and Mandal Annamayya 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 Sub-Collector, Madanapalle, Annamayya District. 4. The Tahsildar, Madanapalle, Madanapalle Mandal, Annamayya District ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection of the application NLCR 250108069538 Dated.08-01-2025, of the petitioner submitted for Land Conversion, by the 3rd respondent as illegal, arbitrary, without any authority and in violation of Principles of Natural Justice and consequently direct the 3rd respondent to consider the application NLCR250108069538 Dated. without reference to the NOC of Department of Mines and ^8-01-2025 , 0^6l5gy. i f: : 1 OF 2025 '' Petition under Section 1 s'TCPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to the 3rd respondent to consider the application vide NLCR direct 250108069538 Dated; 08-01-2025 submitted by the petitioner for land Conversion without reference to the NOC of Department of Mines and Geology pending disposal of the above writ petition. Counsel for the Petitioner: SRI P GANGA RAMI REDDY " Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010056582025 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: 3164/2025 Between: 1.SHAIK SABHIHA ZAREEN, S/0. M RIYAZ, AGED ABOUT 41 YEARS, FORT STREET, MADANAPALLE TOWN AND R/0 D.N0.11-3B, MANDAL ANNAMAYYA DISTRICT. ...PETITIONER AND ITS PRINCIPAL 1.THE STATE OF ANDHRA PRADESH, REP.BYA.P.SECRETARIAT, SECRETARY, REVENUE DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. RAYACHOTY, ANNAMAYYA 2.THE DISTRICT COLLECTOR, DISTRICT. 3.THESUBCOLLECTOR, MADANAPALLE, ANNAMAYYA DISTRICT. MADANAPALLE MANDAL, 4.THE TAHSILDAR, MADANAPALLE, ANNAMAYYA 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection of the application 2 NLCR 250108069538 Dated.08-01-2025, of the petitioner submitted for Land Conversion, by the 3rd respondent asillegal, arbitrary, without any authority andin violation of Principles of Natural Justice and consequently direct the 3 respondent to consider the application NLCR250108069538 Dated.08- 01- 2025 without reference to the NOC of Department of Mines and Geology and 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 the 3rd respondent to consider the application vide NLCR 250108069538 Dated: 08-01-2025 submitted by the [ Conversion without reference to the NOC of Department of Geology pending disposal of the above writ petition and Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: petitioner for land Mines and pass 3 HONOURABLE SRI JUSTICE VENKATESWARLU NIWIMAGADDA \A/PIT PFTITION NO: 3164/2025 THE ORDER: This Writ Petition is filed under Article 226 of the Constitution of India is seeking the following relief; Pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection of the application NLCR 250108069538 Dated:08-01-2025, of the petitioner submitted for Land Conversion, by the ^ respondent as illegal, arbitrary, without any authority and in violation of Principles of Natural Justice and consequently direct the 3"^ respondent to consider the NLCR250108069538 Dated 08-01-2025 without reference application to the NOC of Department of Mines and Geology and pass and the learned Assistant Heard the learned counsel for the petitioner Pleader for Revenue appearing for the respondents. 2. Government submits that the petitioner is the extent of Ac.0.59 Learned counsel for the petitioner 3. of land admeasuring to an Revenue Village, Madanapalle Mandal. absolute owner and possessor cents in Sy.No.71/2, Venkappakota acquired by the petitioner through a registered sale deed The same was 25.08.2021. Accordingly, the records pertaining to the of converting the said land from Document No.8501/2021, dated bearing petitioner’s name was duly mutated in the revenue said land. It is submitted that for the purpose agricultural to non-agricultural land, the petitioner submitted an application 4 under Section 4 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, the said application was assigned number vide NLCR250108069538, dated 08.01.2025, and placed before the 3”^^ respondent and also paid the requisite land conversion tax/fee to the Government for such conversion. However, despite the payment and submission, the 3^'^ respondent rejected the application without assigning any reasons. Hence, this writ petition 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the rejection of the application by 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.e.. the Revenue Divisional Officer, will visit again the cause of the petitioner, and subject land and pass appropriate orders in accordance with the law. 5. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondents and on perusal of the material available on record, it is a fact that the subject land admeasuring to an extent of Ac.0.59 cents in Sy.No.71/2, which constitutes a part of the total extent of land of Ac.2.40 cents in the same survey number. The petitioner acquired the subject land through a registered sale deed bearing Document No.8501/2021, dated 25.08.2021. Consequently, the 5 petitioner's name was duly mutated in the revenue records pertaining to the said land. It is observed that the total land admeasuring to an extent of Ac.2.40 cents, including the petitioner’s subject land to an extent of Ac.0.59 cents in originally by the Tahsildar, Madanapalle vide AM No.72/4/1416, dated condition that the assignment being transferable/alienable to third parties as per the conditions stipulated in the assignment patta. Consequently, the petitioner acquired absolute ownership rights over the subject property under a registered sale deed dated 25.08.2021. 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 petitioners 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 principles of natural justice apart from violation of principles of reasonableness. Furthermore, the due procedure as contemplated under the 6. assigned to an Sy.No.71/2 was ex-serviceman 20.01.2007, with the the 6 . % Act was not followed, which render the action of sustainable. rejection as illegal and 7. As reasons explained above, this 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 non-observation of due procedure of law. However, the the 3’’^ respondent for reconsideration of the matter is remanded to petitioner’s claim within a date of receipt of a copy of this order by adhering to the principles as indicated above and in reasonable time i.e., not later than three (03) months from fhe accordance with the law. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if Petition shall stand closed. any, pending in the Writ Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, r Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Revenue Department A. P.Secretariat, Rayachoty, Annamayya District. 3. The Sub-Collector, Madanapalle, Annamayya Districtr 4. The Tahsildar, Madanapalle . Madanapalle Mandal, Annamayya DistfTct Reddy Advocate [OPUC] •— High Court of Andhra Pradesh [OUT] ^ 5. One CC to Sri P Ganga Rami 6. Two CCs to GP for Revenue, 7. Two CD Copies TF \ HIGH COURT DATED:18/06/2025 ORDER WP NO. 3164 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS