S.Aslam Basha Vs The State of Andhra Pradesh

S.ASLAM BASHA, S/O. S. SUBHAHAN, AGED 34 YEARS, R/O 7-454, ALMADAR STREET, THUMUKUNTA VILLAGE, HINDUPUR MANDAL, SATYA SAI DISTRICT (PREVIOUSLY ANANTAPUR DISTRICT).

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, SATYA SAI, SATYA SAI DISTRICT (PREVIOUSLY ANANTAPUR DISTRICT).

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THE SUB COLLECTOR CUM REVENUE DIVISIONAL OFFICER, PENUKONDA, SATYA SAI DISTRICT.

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THE TAHSILDAR, HINDUPURAM MANDAL, SATYA SAI DISTRICT (PREVIOUSLY ANANTAPUR DISTRICT).

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THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION, REP. BY ITS ZONAL MANAGER, KADAPA.

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THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION, REP. BY ITS ZONAL MANAGER, HINDUPUR.

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...RESPONDENT(S):

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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 of mandamus or any other appropriate writ order or direction declaring the endorsement vide Rc.No.1654/2021/I, Dt.22,12.2021 issued by the 3rd respondent in rejecting the petitioner's application for conversion of land from agriculture to non-

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HBKM,J

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W.P.No.10370 of 2022

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agriculture in respect of petitioner's land in Sy.No.251-1A to an extent of Ac.5.00 cents situated at Gollapuram Village, Hindupur Mandal, Anantapur District as illegal, arbitrary and contrary to the Andhra Pradesh Agricultural Land (Conversion for non-agricultural purposes) Act, 2006 and set aside the same and consequently direct the 3rd respondent to issue necessary orders for conversion of land from agriculture to non-agriculture in respect of petitioner's land without raising any objection, forthwith and pass

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IA NO: 1 OF 2022

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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 grant stay of all furtlicT proceedings in Fir.No.276/2022 on the File of Nallapadu P.S, Guntur Urban., and pass

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IA NO: 1 OF 2023

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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 grant leave to the Respondent No.3 in Writ Petition No.10370/2022 to file the counter affidavit in the above writ petition and pass

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IA NO: 1 OF 2024

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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 permit the petitioner to file additional affidavit along with additional maters in WP No. 10370 of 2022 in the interest of justice

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IA NO: 1 OF 2025

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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 May be pleased to permit the petitioner to amend the cause title as S.L. Living Space Private Limited Rep by its Authorized person S.Aslam Basha, O/o No 201,c Block Alphine Park Begur Road,Bommanahalli, Bangalore 560068.” instead oV‘S. Aslam Basha S/o. Late S Subhahan,Aged 36 years, R/o.7454, Almadar Street, Thumukunta Village Hindupur Mandal, Sri Satya Sai District” in the interest of justice and pass

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Counsel for the Petitioner:

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1.N ASWARTHA NARAYANA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.RAMA CHANDRA RAO GURRAM

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The Court made the following:

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THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

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WRIT PETITION NO. 10370 of 2022

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ORDER:

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Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned Standing Counsel for the respondent Nos.5 and 6.

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This writ petition is filed questioning the endorsement in Rc.No.1654/2021/I, dated 22.12.2021 issued by the 3^rd respondent in rejecting the petitioner’s application for conversion of land from agriculture to nonagriculture to an extent of Ac.5.00 cents in Sy.No.251-1A situated at Gollapuram village, Hindupur Mandal, Anantapur District.

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The learned counsel for the petitioner submits that the impugned endorsement was given by the 3^rd respondent dated 22.12.2021 on the ground that the subject land is under requisition of APIIC and the same was handed over to it on 20.11.2008. But infact, as per the report submitted by the 1^st respondent dated 02.12.2024, there was no completion of such acquisition and handing over of possession of the subject land to the APIIC and there is no resumption by the government of the subject land for handing over of possession, if any, to APIIC.

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On the other hand, the 3^rd respondent filed counter affidavit and the report was also submitted by the 1^st respondent dated 02.12.2024. The

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learned Standing Counsel also submitted the written instructions of the APIIC dated 03.12.2024. As per the said report of the 1^st respondent, it is to be seen that the Sub Collector, Penukonda by name Sri M.Naveen, IAS issued the impugned endorsement dated 22.12.2021 erroneously, though the subject land was not handed over to the APIIC. In the counter of the 3^rd respondent also it was mentioned that the subject land was not resumed to the Government and not handed over to the APIIC and the same has to be acquired. The report further states that the then Sub Collector by name Sri M.Naveen, IAS, without applying the mind gave the impugned endorsement erroneously. The learned Standing Counsel appearing for the respondent Nos.5 and 6 also confirms that though the requisition for acquisition of the land is under process, but the subject land was not handed over to the APIIC as on 03.12.2024.

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In view of the above said facts and circumstances as the report of the 1^st respondent is very clear that the 3^rd respondent proceeded with the incorrect factual aspects while issuing the impugned endorsement dated 22.12.2021, the same is liable to be set aside. Accordingly, the impugned endorsement dated 22.12.2021 is set aside with a liberty to have a look for fresh consideration of the subject land either for acquisition following the due procedure or for consideration of the application of the petitioner in accordance with law on making fresh application, if any, by enclosing all the necessary documents in support of his case.

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