A. Lakshminarayana, v. The District Collector, Chittoor District At Chittoor.

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.6005 of 2017 ORDER:

It is the case of the petitioner that on his application, the Hindustan Petroleum Corporation Limited (HPCL) allotted a petrol pump to be established by him at Nimmanapalle Town. Pre-requisite for allotment of a petrol pump is that the allottee should own a land to meet the qualification and for that the petitioner owns an extent of Ac.0-30 cents in Sy.No.285/1A2 (old Sy.No.285/1A) of Nimmanapalle Village and Mandal having purchased the same through registered sale deed document No.1568/2014, dated 05-12-2014 and he was issued pattadar pass book and title deed. The petitioner has also obtained No Objection Certificates from the Fire and Police Departments and applied through Mee seva for the purpose of land conversion and no objection certificate (NOC) on 07-10-2016 from the revenue department. On his application, the 3rd respondent-Tahsildar addressed a letter to the 2nd respondent-Sub-Collector vide Roc.A/52/2016, dated 03-11-2016 recommending for land conversion from agriculture land to non-agriculture land.

The 3rd respondent also obtained opinion from the Assistant Government Pleader, Madanapalle, who opined that the 3rd respondent is at liberty to issue NOC. Inspite of that no

action has been taken on the representation of the petitioner. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Revenue produced written instructions stating that further report is also called from the Sub-Collector, Madanapalle, who submitted report on 16-02-2017 recommended for rejection of the conversion proposals as civil suit is pending. In view of the same, it is for the 2nd respondent to pass orders on the representation of the petitioner and application of the petitioner for conversion of subject land into non-agriculture land.

Hence, the 2nd respondent is directed to dispose of the application of the petitioner for conversion of subject land into non-agricultural land and take action accordingly within a period of six weeks from the date of receipt of a copy of this order. Since it is stated that NOC has to be granted by the District Collector, it is open for the petitioner to make application to the 1st respondent for grant of NOC, if not already made. If any such application is made, the 1st respondent is directed to dispose of the same in accordance with law and take action accordingly.

Accordingly, this writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 15-03-2017 Nvl