Thumu Sharmila v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 21975 OF 2020 Between:
Thumu Sharmila, Wife of Tumu Venkat Narayana, Aged about 48 years, Resident of Kistapuram Thallada Mandal, Khammam District ,..PETITIONER AND The State of Telangana, Represented by its Principal Secretary to Government, Revenue Department, Secretariat Buildings, Hyderabad The District Collector, Bhadradri Kothagudem District The Revenue Divisional Officer, Kothagudem Division, Bhadradri Kothagudem District J ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the respondents to pass orders on the representation dated 2310912020 seeking conversion of land from Agriculture to Non-Agriculture purpose admeasuring 866.
66 sq. yards equivalent to 724.63 sq. meters in Sy.No.502, situated at Seetharampatnam in Paloncha Municipality of Bhadradri Kothagudem District, as per Sub-Section (3) and (6) of Section 3 of A.P., Agriculture Lands (Conversion for Non-Agriculture Purpose) Act, 2006 (Telangana Adoption Order, 2016) as amended in G.O.lt4s.No.4 Revenue (Land l\/atters) Department dated: 05/01/2016. lA NO: 1 OF 2020 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 respondents herein to pass orders on the representation dated: 2310912020 of ihe petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P.
THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.21975 of 2O2O
ORDER
This Writ Petition, under Article 226 of tte Constitution of India, is filed by the petitioner, wherein the following prayer is made: "...to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents to pass orders on the representation dated 23.O9,2O2O seeking conversion of land from agriculture to non-agriculture purpose admeasuring 866.66 square yards equivalenl to 724,63 sq. metres in Sy.No.5O2, situated at Seetharampatnam in Paloncha Municipality of Bhadradri Kothagudem District, as per Sub-Section (3) and (6) of Section 3 of A.P. Agriculture Lands (Conversion for Non-Agriculture Purpose) Act, 2006 (Telangana Adoption Order,2016) as amended in G.O.Ms.No.4 Revenue (Land Matters) Department dated 05.01.2016; and pass such other order or orders..."
2.
Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record.
3.
The learned counsel for the petitioner would submit that the petitioner is the owner and possessor of a house site admeasuring 866.66 square yards equivalent to 724.63 square meters in Sy.No.502, situated at Seetharampatnam in Paloncha Municipality of Bhadradri Kothagudem District, having purchased the same from his vendor by way of registered sale deed bearing document No.600/2008, dated 21.02.2008. When the petitioner applied for loan to construct a house on the subject site, the financial institutions insisted that the petitioner should first get the land converted from agriculture to non-agriculture purpose. Accordingly, the petitioner submltted an application, dated 23.09.2020, to the 3'd respond ent/ Reven ue Divisional Officer, Kothagudem Division, for conversion of subject land from agriculture to non-agriculture purpose. Till date, no action has been taken on the said application
by the 3'd respondent. By this time, the said application could have been disposed of and ultimately prayed to direct the 3'd respondent to dispose of the subject application, dated 23.09.2020. 4, On the other hand, the learned Assistant Government Pleader for Revenue would contend that now, the subject mater of conversion of lands from agriculture to non-agriculture purpose are being assigned to the Tahsildar concerned, vide G.O.Ms.No.38, Law (A) Department, Government of Telangana, dated 76.I0,2020. Therefore, the petitioner is required to file an application before the Tahsildar concerned for the said purpose.
5.
As rightly contended by the learned Assistant Government Pleader for Revenue, G.O.Ms.No.38, dated 16.10.2020, confers the powers on the Tahsildar concerned to convert the land from agriculture to non-agriculture purpose in accordance with law. Under these circumstances, the petitioner is directed to file an application before the Tahsildar concerned seeking conversion of the subject land from agriculture to non-agriculture purpose/ forthwith. On filing such an application, the Tahsildar concerned is directed to dispose of the same, in accordance wlth law and in terms of regulations governing, expeditiously 6.
With the above direction/observation, this writ petition is disposed of. No costs.
Miscellaneous petitions pending, if any, shall stand closed. SD/.B.SATY ATHI ASSISTAN TRAR //TRUE COPY// SECTI N OFFICER To,
1. The Principal Secretary to Government, Revenue Department, State of Telangana, Secretariat Buildings, Hyderabad
2. The District Collector, Bhadradri Kothagudem District
3. The Revenue Divisional Officer, Kothagudem Division, Bhadradri Kothagudem District
4. One Ct to Sri. P. Ravi Shanker, Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court for the State of Telangana
6. Two C.D. CoPies I I I tourl Prk Nr/
HIGH COURT DATED:1011212020 s
ORDER
( )/ 1 I DEC (io4 I:I.U co \ WP.No.21975 ol 2020 c * oSs na16tif.!
Disposing of the Wp.
without costs.
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