Brahmadeva Kesavarao Vs the State of Ap

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APHC010230202025

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IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI ^ •r
Or u'
(Special Original Jurisdiction)
3QW

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TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 11468 OF 2025

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Between:

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Brahmadeva Kesavarao, S/o. Late B.Satyanarayana, Aged^about62years R/o. Sriram Nagar colony, Nellimarla Mandal, Chodavaram,^Vizianagaram Vizianagaram 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, V.elagapudi, Guntur District.

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The District Collector, Vizianagaram District.

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The Joint Collector, Vizianagaram District.

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The Revenue Divisional Officer, Vizianagaram urban Mandal, Vizianagaram District.

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The Tahsildar, Vizianagaram urban Mandal Vizianagaram^District.

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...Respondents

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate^{writordirection} declaring the inaction of the respondents in receiving^{theapplicationofthe} petitioner for conversion of agricultural land into^{Non-agriculturallandwith} respect to land of an extent of Ac.0.194 cents in Sy.No.3-2A-A-1^-B,Ac.0.056 cents in Sy.No.3-8-A-1-B, Ac.0.194 cents in Sy.No.3-2A-B,^{Ac.0.056centsin}

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Sy.No.3-8-B, Ac.0.194 cents iri Sy.No.3-2AA-1-A-1, Ac.0.056 cents in Sy.No.3-8-A-1-A-1, Ac.0.194 cents in Sy.No.3-2AA-2,^{Ac.0.056cents} in Sy.No.3-8-A-2, Ac.0.194 cents in Sy.No.3-2A-A-1-A-2, Ac.0.0560 cents in Sy.No.3-8-A-1-A-2 admeasuring total to an extent of Ac.1.25 cents situatedⁱⁿ Hajisahebpeta village, Vizianagaram Mandal, Vizianagaram District and considering representation dt.23.04.2025 as illegal, arbitrary and in violation of provisions of AP Agricultural land (conversion for non-agricultural purposes) Act, 2006 and rules, 2018 and consequently direct the respondents to receive and process the application made by the petitioner with respect to subject lands.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to receive the application of the petitioner for conversion of land of an extent of Ac.0.194 cents in Sy.No.3-2A-A-1-B, Ac.0.056 cents in Sy.No.3-8-A-1-B, Ac.0.194 cents in Sy.No.3-2A-B,Ac.0.056 cents in Sy.No.3-8-B, Ac.0.194 cents in Sy.No.3-2A-A-1-A-1,^{Ac.0.056cents} in Sy.No.3-8-A-1-A-1, Ac.0.194 cents in Sy.No.3-2A-A-2.^{Ac.0.056cents} in Sy.No.3-8-A-2, Ac.0.194 cents in Sy.No.32A-A-1-A-2,^{Ac.0.0560cents} in Sy.No.3-8-A-1-A-2 admeasuring total to extent of Ac.^{1.25centssituated} in Hajisahebpeta village, Vizianagaram Mandal, Vizianagaram District by considering representation dt.23.04.2025.

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Counsel for the Petitioner: SRI KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondents: GP FOR REVENUE

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The Court made the following order:

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[3329]

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APHC010230202025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY .THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 11468/2025

Between:

Brahmadeva Kesavarao

...PETITIONER

AND

The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.KANAKALA DEVI PRASANNAKUMAR

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Counsel for the Respondent{S):

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1.GP FOR REVENUE

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The Court made the following:

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jHE honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 11468/2025

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ORDER:

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The present writ petition is filed under Article 226 of the Constitution of

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India seeking following relief:

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“to issue a writ of mandamus or any other appropriate^writ or direction declaring the inaction of the respondents In receiving the application of the petitioner for conversion of agricultural land into Non-agricultural land with respect to land of an extent of Ac.0.194 cents In Sy.No.3-2A-A-1-B, Ac.0.056 cents In Sy.No. 3- 8-A-1-B, Ac.0.194 cents in Sy.No. 3-2A-B, Ac.0.056 cents in Sy.No.3-8-B, Ac.0.194 cents In Sy.No.3-2A-A-1-A-1, Ac.0.056 cents in Sy.No.3-8-A-1-A-1, Ac.0.194 cents In Sy.No.3-2A-A-2, Ac.0.056 cents in Sy.No.3-8-A-2, Ac.0.194 cents in Sy.No.3-2AA-I-A-2, Ac.0.0560 cents in Sy.No.3-8-A-1 -A-2 admeasuring^total to an extent of Ac.1.25 cents situated in Hajisahebpeta village, Vizianagaram Mandal, Vizianagaram District and considering representation dt.23.04.2025 as Illegal, arbitrary^{andinviolation} of provisions of AP Agricultural land conversion for nonagricultural purposes Act, 2006 and rules, 2018 and consequently direct the respondents to receive and process the application made by the petitioner with respect to subject lands and pass such other order or orders....” 2. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner of the various extents of land totaling^{toanextentofAc.} Ac.1.25 cents in various Sy.Nos. (Ac.0.194 cents in Sy.No.3-2A-A-1-B, Ac.0.056 cents in Sy.No. 3-8-A-1-B, Ac.0.194 cents in Sy.No. 3-2A-B, Ac.0.056 cents ip Sy.No.3-8-B, Ac.0.194 cents in Sy.No.3-2A-A-1-A-1,

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Ac.0,056 cents in Sy.No.3-8-A-1-A-1 Ac.0.194 cents in Sy.No.3-2A-A-2, Ac.0.056 cents in Sy.No.3-8-A-2, Ac.0.194 cents in Sy.No.3-2A-A-1-A-2, Ac.0.0560 cents in Sy.No.3-8-A-1-A-2 admeasuring total to an extent of Ac.1.25 cents) situated in Hajisahebpeta Village, Vizianagaram Mandal Vizianagaram District. Later, the petitioner herein submitted applications dated 16.11.2024 seeking for conversion of the subject agricultural land into non-agricultural land under the provisions of Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. But the respondents did not receive and process the applications of the petitioner even though it is a statutory obligation on part of the respondents to consider the applications submitted by the petitioner. Aggrieved by the same, the petitioner herein filed the present writ petition.

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On the other hand, learned Government Pleader for the respondents furnished written instructions dated 23.06.2025 issued by respondent No.5 wherein, the relevant portion of the said instructions^{isextractedhereunder:}

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“In the context, this matter has been enquired by this^Office and got revealed that the Market Value of the Hajasaeb peta Village of Vizianagaram Mandal is not being fetching and hence, the online application for land conversion of Agricultural purpose to NonAgricultural purpose service of the writ petitioner is not being uploaded in the official AP Seva Porta! and in view of this, the Joint Collector, Vizianagaram has been requested vide the reference^{lastcitedtoissue} necessary Instructions to the District Registrar, Vizianagaram for rectification of the technical issue so as to enable the writ petitioner to submit his online application.

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I submit that there Is no intentional negligence in addressing the grievance of the petitioner except the technical Issue In submission of the Land Conversion Application by the petitioner and I further submit that necessary action is being taken to redress the grievance of the writ petitioner. I submit that these facts may be brought^to the kind notice of the Hon ble High Court and the Hon’ble High Court may kindly be requested to dispose the case at the admission stage as necessary action for redressal of the grievance of the writ petitioner is being taken. ”

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He further submits that fixation of market value at subject area was not taken place and the respondents are taking steps to fix the market value at the subject area and whenever the same was fixed, the claim of the petitioner can be redressed, in accordance with law.

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Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider and dispose of the applications dated 16.11.2024 as well as representation dated 23.04.2025 submitted by the petitionerⁱⁿ accordance with the provisions of Andhra Pradesh Agricultural Land (Conversion for NonAgricultural Purposes) Act, 2006, after providing opportunity of hearing to the petitioner and other stake holders, if any, within a period of two (02) months from the date of receipt of a copy of this order.

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