Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 16356 (AP)

ESSVY Constructions India Pvt. Limited v. State of Andhra Pradesh

WP/3390/2026 · 2026-02-15

B Krishna Mohan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010057702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3390/2026 Between: 1. ESSVY CONSTRUCTIONS INDIA PVT. LIMITED, PLOT NO.68, 1ST FLOOR, RADHASWAMY COLONY, SIKH ROAD, SIKH VILLAGE, SECUNDERABAD - 500 009 REP. BY ITS MANAGING DIRECTOR, KONDAVEETI VENKATA RAO. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- 522237 2. CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA- 521225 3. DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM- 521001 4. THE REVENUE DIVISIONAL OFFICER CUM COMPETENT AUTHORITY, UNDER NALA ACT, BUNDER DIVISION, MACHILIPATNAM, KRISHNA DISTRICT-521001 5. MANDAL REVENUE OFFICER TAHSILDAR, MACHILIPATNAM (NORTH) MANDAL, MACHILIPATNAM, KRISHNA DISTRICT-521001 2 ...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 Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not entering the land in Sy.No.242/1, 86/ID, 86/IE, 87/5C, 86/IB, 86/1F and 243, total extent Ac.3.97 cents situated at Pothepalli Village, PothireddyPalem Gram Panchayat, Machilipatnam Mandal in revenue records as non-agricultural land is wholly illegal, arbitrary and violative of Articles 14 and 300A of the Constitution of India and contrary to the provisions of the Agriculture land (conversion for non-agricultural purpose) Act 2006 and the Rules made thereunder and consequently declare that the Petitioner is entitled for recording the said land in revenue records agricultural land and pass IA NO: 1 OF 2026 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 to direct the Respondents to take immediate steps for entering the land of the petitioner in Sy.No.242/1, 86/1D, 86/IE, 87/5C, 86/IB, 86/IF and 243, total extent Ac.3.97 cents situated at Pothepalli Village, PothireddyPalem Gram Panchayat, Machilipatnam Mandal in revenue records as non-agricultural land by disposing of the representation dt. 6-11-2025 made by the petitioner and pas Counsel for the Petitioner: 1. ADAPA RAMYA SAHITHI NAIDU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the action of the respondent in not entering the land in Sy.No.242/1, 86/1D, 86/1E, 87/5C, 86/1B, 86/1F and 243, total extent Ac.3.97 cents situated at Pothepalli Village, Pothireddypalem Gram Panchat, Machilipatnam Mandal in revenue records as non-agricultural land. 3. The learned senior counsel for the petitioner submits that as per Section 3(5) of the Andhra Pradesh Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006, in case no intimation is received by the applicant within 30 days about the deficit payment of conversion tax, it shall be deemed that the amount paid is sufficient for the purpose. The petitioner paid required tax for conversion of the subject land from agricultural to non-agricultural and obtained challan dated 28.01.2025. Then he submitted a letter to the 4th respondent dated 06.11.2025 requesting to issue a certificate to the effect that the amount was received towards the tax for conversion of their land for non-agricultural purpose. He also refers to the G.O.Ms.No.98 Revenue (DA&LR) Department dated 19.02.2018 to show the procedure for conversion. He further submits that so far no action is taken by the 4th respondent. Hence this writ petition. 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 05.02.2026 submits that 4 necessary endorsement will be given to the petitioner as there is no provision for the 4th respondent for issuing the orders pertaining to changing of the land from agricultural to non-agricultural in the revenue records. 5. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the 4th respondent is directed to consider and dispose of the representation of the petitioner dated 06.11.2025 strictly in accordance with law by hearing all the parties concerned including the petitioner by giving due opportunity and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of this order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Interim order if any deemed to have been vacated. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 16.02.2026 PND