The court held the petitioner's application before the Tahsildar was a nullity because the Revenue Divisional Officer is the only competent authority under the 2006 Act. The writ petition is disposed of with liberty to approach the correct authority.
Liberty granted to petitioner to file application before Revenue Divisional Officer.
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THE HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.27655 OF 2017
Dated:21.08.2017
Between:
R. Rama Krishna Reddy, S/o. Late R. Gonvida Reddy, Aged about 67 years, R/o.D.No.4-7-12/2, Opp: Mahila Polytechnic College, Guddam, Hindupur, Anantapur District .. Petitioner
And
State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District and others .. Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.27655 OF 2017
ORDER:
Petitioner claims that he is the owner and possessor of the land to an extent of Acs.11.69 cents in Survey No.250 of Gollapuram Village, Hindupur Mandal, Anantapur District. He submitted application dated 27.07.2017 before the Tahsildar, Hindupur Mandal, Anantapur District, the 4th respondent, for conversion of the said land from agriculture to non-agriculture purpose under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006 (for short, ‘the Act’). The 4th respondent, vide his endorsement dated 05.08.2017, rejected the request of the petitioner holding that the land is included in the prohibitory list of properties under Section 22-A (i)(e) of the Registration Act, 1908 and therefore no such permission can be grated to him.
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Having regard to the statutory mandate, the entire exercise is a nullity.
Miscellaneous Petitions, if any, pending in the Writ Petition
shall stand closed.
____________________
P. NAVEEN RAO, J
Date:21.08.2017
KH
2 issues framed by the court
Whether the application filed before the Tahsildar for land conversion was legally competent under the Act.
Whether the land in question was prohibited from conversion under the Registration Act.
3 provisions across 2 enactments
R. Rama Krishna Reddy
State of Andhra Pradesh
Principal Secretary, Revenue Department
Tahsildar, Hindupur Mandal
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
