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High Court for State of TelanganaWP/13389/2015disposed of no costs

Smt. S. Thulasi, v. The State Of A.P., Rep. By Its Principal Secretary,

2015-10-13Dilip B. Bhosale,S.V.Bhatt2 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT W.P.No.13389 of 2015 PC: (Per the Hon'ble Sri Justice S.V.Bhatt) Heard learned counsel for the petitioner and learned Government Pleader for Revenue (AP) for respondents.

The petitioners pray for the following relief: ".....to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent/RDO in not passing the orders for conversion of petitioner's agriculture land in Survey No. 45, admeasuring 11-00 acres, situated at Vampalle Village of Srikalahasti Mandal, Chittoor District on the application of the petitioner dated 26-2-2015, as being arbitrary, illegal, unreasonable and contrary to the provisions of A.P. Agricultural Land (Conversion for Non Agricultural Purposes) Act, and issue a consequential direction directing the 3rd respondent to consider the petitioner's application dated 26-2-2015 independently in accordance with the provisions of A.P. Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 and pass........"

The writ prayer is against alleged inaction of respondents in considering and disposing of the application dated 26.02.2015 said to have been made by the petitioner for conversion of Sy.No.45 being an extent of 11-00 acres, situated at Vampalle Village of Srikalahasti Mandal, Chittoor District.

The petitioner has placed on record the communication of 4th respondent to 2nd respondent.

At the time of hearing, it is brought to the notice of the Court that the 3rd respondent is yet to consider and dispose of the application dated 26.02.2015 said to have been filed by the petitioner. Having regard to the nature of writ prayer and the limited submission of learned counsel appearing for the petitioner, we are satisfied the writ petition can be disposed of by this order:

(a) the 3rd is directed to consider the application dated 26.02.2015 in accordance with the Andhra Pradesh Agricultural Land (Conversion for NonAgricultural Purpose) Act, 2006, enquire into the application and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order;

(b) the 3rd respondent, it is needless to observe, is at liberty to get information from 2nd and 4th respondents while enquiring into application dated 26.02.2015; and (c) the petitioner is given liberty to communicate the order along with a copy of application dated 26.02.2015 to 3rd respondent for expeditious and prompt decision by the 3rd respondent;

This Court while directing the 3rd respondent to consider and dispose of the application dated 26.02.2010 has not considered the merits of the issue, much less whether the petition land can be converted under 2006 Act or not. It is for respondents 2 and 3 to take appropriate decision in this behalf.

The writ petition is, accordingly, disposed of. Consequently, miscellaneous petitions, if any pending, also stand disposed of.

_____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 13.10.2015 Lrkm