M/S. Shirdi Developers v. The State Of Telangana, Revenue Department,

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.36271 OF 2015 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondents 1 and 2 and Sri N. Praveen Kumar, learned Standing Counsel for Municipality appearing for respondent No.3. The petitioner questions the computation of fee for conversion of agricultural land into non-agricultural purpose in the impugned demand notice issued by the Revenue Divisional Officer, Sanga Reddy, Medak District, the 2nd respondent, dated 11.10.2015. Various contentions are raised with regard to the issue that the computation made under the impugned notice is on a much higher side and the same is not justified.

However, under the Andhra Pradesh Agricultural Lands (Conversion for Non-agricultural Purposes) Act, 2006, the petitioner has an efficacious alternative remedy of preferring an appeal against the order of the Revenue Divisional Officer to the Collector within a period of sixty days of receipt of the order. In view of the said efficacious alternative remedy and in view of the fact that no other ground is raised questioning the jurisdiction of the 2nd respondent in passing the impugned order, I deem it appropriate to permit the petitioner to avail the said remedy. It is pointed out that a Draft Technical Layout has been sanctioned by the Director of Town and Country Planning, Government of Telangana, Hyderabad, in his letter dated 29.09.

2015, wherein the petitioner has to comply with the requirements within one month, failing which the Draft Technical Layout would stand cancelled.

Since the computation of conversion fee is disputed in this Writ Petition and since the petitioner has to file an appeal against the said notice, the time for compliance of the requirements in Draft Technical Layout shall stand extended by one more month from today. In the meanwhile, the petitioner shall approach the appellate authority and take appropriate further direction. The Writ Petition is accordingly disposed of. There shall be no order as to costs.

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

____________________________ VILAS V.AFZULPURKAR, J 07.11.2015 KH