Shaik Mohammad, Vs The State of Andhra Pradesh

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APHC010056552025

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Hi'H IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI S (Special Original Jurisdiction)

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WEDNESDAY,THE EIGHTEENTH DAY OF JUNE o TWO THOUSAND AND TWENTY FIVE

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PRESENT

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the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3044 OF 207.*^

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Between:

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ShalL Mohammad, S/o Shaik Mastan, aged about 27 years, R/o D.No.6-6503, Irala Nagar, Tirupati Urban, Tirupati District.

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...PETITIONER

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AND

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1- The State of Andhra Pradesh Rep.by its Principal Secretary, Revenue epartment, A.P, Secretariat, Velagapudi, Amaravathi, Guntur District

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1. The District Collector, Rayachoty, Annamayya District. 3. The Sub-Collector, Madanapalle, Annamayya District.

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The Tahsildar, Madanapalle, Madanapalle Mandal, Annamayya District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated i affidavit filed therewith, the High Court may be of^Writ o°f T7 in the nature Wnt of Mandamus, declaring the rejection of the application NLCR 250108069640 Dated 08-01 2025, of the petitioner submitted for Land Conversion, by the 3'^ as illegal, arbitrary, without any authority and in violation of Principles of Natural Justice and consequently direct the 3"'^ respondent to consider the application NLCR250108069640 Dated

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/ / /

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08-01-2025 without reference to the NOC of Department of Mines and Geology.

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lA NO: 1 OF 2Q2fi

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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 to direct the 3 rd respondent to consider the application vide NLCR 250108069640 Dated;08-01-2025 submitted by the petitioner for land Conversion without reference to the NOC of Department of Mines and Geology pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI P. GANGA RAMI REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE

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The Court made the following order;

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APHC010056552025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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WEDNESDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3044/2025

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Between:

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1.SHAIK MOHAMMAD,, S/0 SHAIK MASTAN, AGED ABOUT 27 YEARS, R/0 D.NO.6-6-503, IRALA NAGAR, TIRUPATI URBAN, TIRUPATI DISTRICT.

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...PETITIONER

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AND

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

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1. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT.

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3.THE SUBCOLLECTOR, MADANAPALLE, ANNAMAYYA DISTRICT.

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THE TAHSILDAR, MADANAPALLE, MADANAPALLE MAN DAL, ANNAMAYYA DISTRICT.

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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 tomay be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection of the

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2

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\

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application NLCR 250108069640 Dated 08-01-2025, of the petitioner Zhn! Conversion, by the 3rd respondent asillegal, arbitrary and "'n ° °f Natural Justice ' '■®®P°u'tent to consider the application NLCR250108069640 Dated 08-01-2025 without reference to the NOC of Department of Mines and Geology and pass

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lA NO: 1 OF 2n9f;

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in ZZZ “tcumstances stated in the affidavit filed in support of the petition, the High Court may be pieased NLCR 25nTnnn«l° ^-respondent to consider the applicati^rv^e NLCR 250108069640 Dated:08-01-2025 submitted by the petiHmer for land Geir'°" T7 Department of Mines and Geology pending disposal of the above writ petition and pass

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Counsel for the Petitioner:

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1.P GANGA RAMI REDDY

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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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3

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-j-HE honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3044/2025

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ORDER:

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This Writ Petition is filed under Article 226 of the^{ConstitutionofIndia}

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seeking the following relief;

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“ Pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the rejection^ofthe application NLCR 250108069640 Dated:08-01-2025, of^{thepetitioner} submitted for Land Conversion, by the 3""^ respondent^as illegal, arbitrary, without any authority and in violation of^{PrinciplesofNatural} Justice and consequently direct the 3''^ respondent^{toconsiderthe} application NLCR250108069640 Dated 08-01-2025 without^reference to the NOC of Department of Mines and Geology and pass ”

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Heard the learned counsel for the petitioner and the^{learnedAssistant} 2. Government Pleader for Revenue appearing for the respondents.

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Learned counsel for the petitioner submits that the^petitioner is the 3. absolute owner and possessor of land admeasuring to^{anextentofAc.0.59} cents in Sy.No.71/2, Venkappakota Revenue Village,^{MadanapalleMandal.} The same was acquired by the petitioner through a registered sale deed Document No.20249/2024, dated 30.09.2024. Accordingly, the bearing petitioner’s name was duly mutated in the revenue records^{pertainingtothe} said land. It is submitted that for the purpose of^{convertingthesaidlandfrom} cultural to non-agricultural land, the petitioner submitted^an application agri

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under Section 4 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, the said application was assigned number vide NLCR250108069640, dated 08. 01.2025, and placed before the 3'^ respondent and also paid the requisite land conversion tax/fee to the Government for such conversion. However, despite the payment and submission, the 3'"^ respondent rejected the application without assigning any reasons. Hence, this writ petition

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On the other hand the learned Assistant Government Pleader appearing for the respondents submits that the rejection of the application by the 3 respondent appears to have been made without assigning any reasons, thereby not adhering to the principles of natural justice. The learned Assistant Government Pleader also assures that the competent authority i .e., the Revenue Divisional Officer will visit again the cause of the petitioner and subject land and pass appropriate orders i in accordance with the law.

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Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondents and on perusal of the material available on record, it is a fact that the subject land admeasuring to an extent of Ac.0.59 cents in Sy.No.71/2, which constitutes a part of the total extent of land of Ac.2.40 cents in the same survey number, The petitioner acquired the subject land through a registered sale deed bearing Document No.20249/2024, dated 30.09.2024. Consequently, the

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5

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r petitioner's name was duly mutated in the revenue^{recordspertainingtothe}

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r

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said land.

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It is observed that the total' land admeasuring to^{anextentofAc.2.40} cents including the petitioner’s subject land to an^{extentofAc.0.59cents} in 71/2, was originally assigned to an Sy.No. ex-serviceman by the Tahsildar, Madanapalle vide AM^{No.72/4/1416,dated} 20.01.2007, with the condition that the assignment being transferable/alienable to the third parties as per^{theconditionsstipulatedinthe} assignment patta. Consequently, the petitioner acquired^{absoluteownership} over the subject property under a registered sale deed dated rights 30.09.2024. As contended by the learned counsel for^{thepetitioner,} it appears that the subject property is a freehold property, and^{thepetitionerpossesses} absolute rights over the land. Therefore, the petitioner’s^{applicationdated} 08 01.2025, submitted for the conversion of the subject land into nonagricultural land under the provisions of the Andhra^{PradeshAgriculturalLand} (Conversion for Non-Agricultural Purposes) Act, 2006, is liable to be considered. The impugned rejection of the said application^{wasmadewithout} assigning any reasons, without issuing any prior notice,^{whichisinviolationof} the principles of natural justice apart from violation of principle of reasonableness. Furthermore, the due procedure as contemplated^underthe

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Act was not followed, which render the action of rejection is illegal and sustainable.

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As reasons explained above thiIS Court deems it appropriate to dispose of the Writ Petition by setting aside the order of rejection without assigning any reasons, which is contrary to the principles of natural justice and non-observation of the due procedure of law. However, the matter is remanded to the 3'^'^ respondent for reconsideration of the petitioner’s claim within a reasonable time i.e., not later than three (03) months period from the date of receipt of a copy of this order by adhering to the principles as indicated above and in accordance with the law.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAO deputy registrar

SECTION OFFICER

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To,

The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.

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The District Collector, Rayachoty, Annamayya District. 3. The Sub-Collector, Madanapalle, Annamayya District.

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The Tahsildar, Madanapalle. Madanapalle Mandal. Annamayya District. 5. One CC to Sri P. Ganga Rami Reddy, Advocate [OPUC] 6. TwoCCsto GP for Revenue. High Court of Andhra Pradesh [OUT]

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