P T Jaganatham v. Tahsildar, Nellore Dept., Hyd., And 3 Others,

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.2530 of 2017 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 2.

Petitioner has filed this Writ Petition seeking implementation of the proceedings in Rc.J.632/2009 dt.12-08-2009 of 2nd respondent whereunder the 2nd respondent converted the subject property from agriculture to non-agriculture after collecting a sum of Rs.1,43,000/- from the petitioner and another person. 3.

Petitioner contends that this order is not being implemented in the revenue records and that the revenue records show this land is agriculture land even after it was converted into nonagriculture land by virtue of the above order passed by 2nd respondent. 4.

The 1st respondent has filed counter affidavit alleging that though land was transferred to non-agriculture purpose, the petitioner is not utilizing the land for non-agriculture purpose. 5.

Unless the 1st respondent implements the order of 2nd respondent and converts the subject land as non-agriculture land in the revenue record, it would be difficult for the petitioner to raise construction therein or put it to non-agricultural use. No valid reason is assigned by 1st respondent why he is defying the order passed by 2nd

MSR,J W.P.No.2530 of 2017 respondent on 12-08-2009 and is not implementing it in the revenue record.

6.

Therefore, the Writ Petition is allowed with costs and 1st respondent is directed to pay sum of Rs.5,000/- (Rupees Five Thousand only) to the petitioner and he is also directed to implement the order dt.12-08-2009 of 2nd respondent within one week from the date of receipt of a copy of this order. The 4th respondent shall also initiate the disciplinary proceedings against 1st respondent for his willful disobedience of the order dt.12-08-2009 of 2nd respondent. 7.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 22-11-2017 kvr