1 APHC010420862022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25877/2022 Between: 1. MANNAVA HARANATH BABU, S/O. UMA MAHESWARA RAO, AGED 44 YEARS, OCC. CULTIVATION R/O. 1ST LINE, 2ND CROSS, NAVABHARAT NAGAR, GUNTUR CITY, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI. VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR. 4. THE REVENUE DIVISIONAL OFFICER, GUNTUR REVENUE DIVISION, GUNTUR, GUNTUR DISTRICT. 5. THE TAHSILDAR, VATTICHERUKURU MANDAL, GUNTUR 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 2 the nature of WRIT OF MANDAMUS declaring the proceedings in CCLA's REV02-13023/3/2022-LR-11-CCLA, dt. 01.08.2022 issued by 2nd respondent thereby rejecting petitioner's application dated 10.03.2022 submitted for Reconversion for Agricultural Purpose connected to his lands of Ac. 3.07 cents in Sy.No. 158-A 1 and Ac. 0.42 cents in Sy.No.158-C1 of Kovelainudi Revenue Village in Vatticherukuru Mandal of Guntur District, as illegal, irregular, irrational, violative of Principles of Natural Justice and offends Article 14, 21 and 300-A of Constitution of India and direct the respondents to allow reconversion of petitioner's said land to Agricultural purpose from Nun- Agricultural purpose and 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 suspend the operation of order in CCLA's REV02-13023/3/2022- LR-11-CCLA, dt. 01.08.2022 issued by 2nd respondent and consequently direct the respondents to allow reconversion of petitioner's said lands to Agricultural purpose from Non-Agricultural p"rpose, pending disposal of the main Writ Petition and 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 receive the counter on record by allowing the leave petition in the above writ petition and pass IA NO: 2 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 to receive the Reply copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25877/2022 ORDER:- Heard Sri Sita Ram Chaparla, learned counsel for the petitioner and learned counsel attached to the Office of the learned Additional Advocate General, appearing for the respondents. 2. The grievance of the petitioner is against the proceedings of the 2nd respondent dated 01.08.2022, rejecting the application of the petitioner dated 10.03.2022 submitted for re-conversion of non-agricultural lands into agricultural lands in respect of the lands in Ac. 3.07 cents, in Sy. No.158-A1 & Ac.0.42 cents in Sy. No.158-C1 of Kovelamudi Revenue Village in Vatticherukuru Mandal of Guntur District. 3. It is contended that the petitioner is the absolute owner and possessor of the subject lands, having succeeded to the same by inheritance through his wife, who had purchased the property in the year 2013. During her lifetime, she was in possession and enjoyment of the subject lands. After her demise, the petitioner succeeded to the property and mutation was effected in the revenue records. Consequently, pattadar passbooks were issued in his favour. It is further contended that the petitioner’s wife, during her lifetime, had applied to the revenue authorities for conversion of the subject property into non-agricultural land by remitting the requisite fee of Rs.98,942/-, and the same was approved by the 4th respondent. 4 4. After his wife's demise, the petitioner proposed to sell the property as non-agricultural land. However, as the surrounding lands are agricultural, and as the subject lands are also suitable for cultivation, the petitioner was unable to sell them. Therefore, the petitioner approached the 4th respondent – Revenue Divisional Officer (RDO) on 10.03.2022 seeking re- conversion. Based on the said representation, the RDO called for a report from the Tahsildar. The Tahsildar, vide report dated 21.03.2022, stated that, as on the date of inspection, there was no crop; however, chilies had previously been cultivated on the subject lands, and the lands were being used for agricultural purposes despite their conversion. The 4th respondent forwarded the said report to the District Collector, who, in turn, referred the matter to the Joint Director of Agriculture and the Deputy Director of Horticulture, Guntur. The agricultural officers inspected the subject lands and submitted a report to the District Collector. Thereafter, the District Collector forwarded the report to the 2nd respondent (CCLA) for appropriate orders. However, the 2nd respondent rejected the application vide the impugned proceedings on the ground that there is no provision under the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 (for short, “the Act, 2006”) for re-conversion of land from non-agricultural to agricultural purposes. Challenging the said proceedings, the present Writ Petition has been filed. 5 5. The 4th respondent - RDO, filed a counter affidavit stating that there is no provision under the Act, to convert non agricultural lands into agricultural lands. 6. Considered the rival submissions. 7. As per the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, although there is no provision for granting permission to convert non-agricultural lands into agricultural lands, there is no bar in law to such conversion. In other words, a person does not require permission to carry out agricultural operations on a piece of land. 8. Although, there is no provision under the Act, enabling conversion of non-agricultural to agricultural, Rule 7 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2018, specifies that the District Collector concerned shall review every three months the use of the lands so converted and check whether converted lands are used for the intended purpose and make a quarterly report to the Government and the Special Chief Secretary and Chief Commissioner of Land Administration in the specified form. 9. In the above context, it is incumbent upon the District Collector to undertake a review as provided under Rule 7 and report the same to the CCLA. In view of the foregoing, this Court is of the view that the petitioner 6 does not require any permission for carrying out agricultural operations in respect of the subject lands. However since by virtue of conversion of the subject lands into agricultural purposes, the revenue records would have been updated in consequent to the proceedings of conversion of agricultural into non agricultural. 10. Having regard to the same, this Court deems it appropriate to direct the 2nd respondent (CCLA) to call for the records and to conduct an enquiry into the subject issue, whether the petitioner has been carrying out the agricultural operations on the subject lands, on such enquiry, if he concludes that the petitioner has physically converted non agricultural lands into agricultural lands, the 2nd respondent (CCLA) shall direct the concerned revenue authorities i.e., the RDO/Tahsildar, to update the revenue records accordingly, within a period of six (6) months from the date of receipt of a copy of this order. 11. With the above observations, the Writ Petition is disposed of and the impugned proceedings dated 01.08.2022 are set aside. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:23.02.2026 MVK 7 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.25877 of 2022 Date:23.02.2026 MVK