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2025 DAILYLAW 7522 (AP)

NIMMAKAYALA RAJESWARAMMA v. THE STATE OF ANDHRA PRADESH

WP/3986/2025 · 2025-02-14

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3986 OF 2025 Between: 1. Nimmakayala Rajeswaramma, W/o. Sudhakar Reddy, Aged 57 yrs, R/o Payasampalli Village, Veerapunayunipalle Mandal, YS.R District. 2. Kandula Vasundhara Devi, W/o. Surya Narayana Reddy, Aged 52 yrs R/o D.No. 3/145, Prakash Nagar, Y.M.R Colony, Proddatur Town & Mandal, Y.S.R. District, Kadapa. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, A.P Secretariat buildings Velagapudi, Guntur District. 2. The District Collector, Y.S.R District. 3. The Revenue Divisional Officer, Jammalamadugu, YS.R District. 4. The Tahsildar, Proddatur Mandal, Y.S.R 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 an appropriate writ or order or direction more particularly a writ in the nature of a WRIT OF MANDAMUS declaring the inaction of Respondent No. 3 in taking necessary action in respect of the report of Respondent No. 4 submitted vide Ref.no. A/360/2024, dt: 14.08.2024 recommending for conversion of land use of lands in Sy.No.1076-5 in an extent of Ac. 0.97 Cents, Sy.No. 1077-5A in an extent of Ac. 0.97 Cents, Sy. No. 1078-5A in extent of Ac. 0.92 Cents, Sy. No.75/4 in extent of Ac. 0.69 Cents, Sy.No. 1079/5 in extent of Ac. 0.81 Cents, Sy.No. 1080/5 in extent of Ac. 0.15 Cents, Sy. No. 1079-4B in extent . 0.25 Cents and Sy.No. 1080-4A in extent of Ac. 0.19 Cents with Total extent of Ac. 4.95 Cents of Thallamapuram Village of Proddatur Mandal, Y.S.R District (subject lands)of Petitioners to non-agriculture purpose in spite of payment of prescribed conversion tax is illegal, arbitrary and contrary to section 3 of Andhra Pradesh Agriculture Land (Conversion For Non-Agriculture Purposes) Act 2006 and further violative of Articles 14, and 300A of Constitution of India and Principals of Natural Justice and consequently to direct the Respondents to take necessary action approving the conversion of subject lands of petitioners herein agricultural to non-agricultural purpose following due process of law. lA NO: 1 OF 2025 ■r' 21 to for use from 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 the Respondent No.3 to take necessary action upon the Ref.no. A/360/2024, approve the conversion of subject lands of petitioners herein for use from agricultural to non-agricultural purpose following due process of law. Counsel for the Petitioner: SRI JAWAJI SARATH CHANDRA Counsel for the Respondent Nos.1 to 4: ASST.GP FOR REVENUE The Court made the following: ORDER report of Respondent No.4 submitted vide dt; 14.08.2024 and to 1 APHC010076432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY .THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3986/2025 Between: Nimmakayala Rajeswaramma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.JAWAJI SARATH CHANDRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: Heard Sri Javvaji Sarath Chandra, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, appearing for the respondents. 2. Being aggrieved by the action of the respondents in not taking necessary action in respect of the report of respondent No.4 submitted vide I Ref No.A/360/2024, dated 14.08.2024, recommending for conversion of petitioners’ lands in Sy. No. 1076-5 in an extent of Ac.0.97 cents, Sy. No. 1077- 5A in an extent of Ac.0.97 cents, Sy. No.1078-5A in an extent of Ac.0.92 cents, Sy. No.75/4 in an extent of Ac.0.69 cents, Sy. No. 1079/5 in an extent of Ac.0.81 cents, Sy. No. 1080/5 in an extent of Ac.0.15 cents, Sy. No.1079- 4B in an extent of Ac.0.25 cents and Sy. No.1080-4A in an extent of Ac.0.19 cents with total extent of Ac.4.95 cents of Thallamapuram Village, Proddatur Mandal, Y.S.R. District, instant Writ Petition has been filed. 3. It is contended that the petitioners have made an application seeking permission for converting the land to non-agricultural purposes. and paid the conversion of tax of Rs.1,28,000/- (One Lakh Twenty Eight Thousand Rupees only) on 30.07.2024. Pursuant to the said payment, the 4^^ respondent had also submitted a report to the 3^^ respondent, recommending the conversion of the subject property to non agricultural purpose. However, it is contended that no further orders have been passed pursuant to the said representation made by the Tahsildar. 4. 5. In view of the same, Writ Petition is disposed of, directing the 3'"^ respondent to pass appropriate orders on the application made by the petitioners seeking conversion of the subject lands from agricultural purpose 3 \ © into non agricultural purpose, within a period of four (4) weeks from the date of receipt of orders from this Court. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ % To, SECTION OFFICER The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings Velagapudi, Amaravati, Guntur District. The District Collector, Y.S.R District. 1. 2. 3. The Revenue Divisional Officer, Jammalamadugu, YS.R District. (BY RPAD) 4. The Tahsildar, Proddatur Mandal, Y.S.R District. One CC to Sri Javvaji Sarath Chandra, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 5. 6. 7. gi HIGH COURT DATED:14/02/2025 ORDER AN0«^ 0 ^ MAR 2025 ^ Current Section ^ WP.No.3986 of 2025 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS