N.Venkatesh, v. The State Of Andhra Pradesh, Rep.By Its Principal
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 32074 OF 2016 O R D E R:
This writ petition is filed seeking a writ of mandamus declaring the inaction of the third respondent-Joint Collector, Chittoor, in disposing of the representation of the petitioner dated 29.08.2016, as illegal and arbitrary.
The petitioner claims to be in peaceful possession and enjoyment of the land admeasuring Ac.1.00 cents situated in Survey No.437/5 of Tiruchanuru Village, Tirupati Rural Mandal, Chittoor District. His grandfather gave the said property to him and his mother under registered sale deed dated 20.09.1960. His mother expired on 17.08.2012. While so, some of his close relatives filed a suit in O.S.No.420 of 1997 against him to declare their rights over the schedule properties and for permanent injunction. The Additional Senior Civil Judge, Tirupati, by judgment dated 06.07.2004 dismissed the said suit. Against the said judgment, A.S.No.67 of 2004 was filed before the VI Additional District Judge (FTC), Tirupati, and the said appeal was also dismissed by judgment dated 09.02.2012.
The grievance of the petitioner is that on 29.08.2016, he made a representation by online to the third respondent for conversion of the said agricultural land into non-agricultural purpose, by enclosing the aforementioned judgments, but the third respondent has not taken any action so far. Hence, this writ petition.
At the hearing, the learned Government Pleader for Revenue (A.P) submitted that the competent authority to consider the applications for conversion of the agricultural lands into non-
agricultural purpose is the Revenue Divisional Officer, but not the third respondent.
In view of the same, this writ petition is disposed of granting liberty to the petitioner to make an application before the competent authority i.e., the Revenue Divisional Officer and on such application, the competent authority is directed to dispose of the same in accordance with law.
Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
____________________________ A. RAJASHEKER REDDY, J Date: 23.09.2016 va