M.Yamini Pukarini v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37567 OF 2018 DATED :26.10.2018 Between :

M. Yamini Pukarini W/o.M.Ashok, Aged about 28 yrs, Occu : Agriculture, R/o.D.No.3-79, Ramayalayam, Yerrampeta, Koyyalagudem Mandal, West Godavari District.

..

Petitioner And The State of Andhra Pradesh, Rep., by the Principal Secretary, Revenue (Land Acquisition) Department, Secretariat, Velagapudi Village, Tullur Mandal, Amaravati, Guntur District & another.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37567 OF 2018 ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for revenue for respondents. 2.

Petitioner claims to be the owner and in possession of land to an extent of Ac.2.20 cents in Sy.No.37 of Rajavaram Village, Koyyalagudem Mandal, West Godavari District. On 01.08.2018 petitioner submitted application for conversion of said agricultural land to non-agricultural purposes under Section 3 of Andhra Pradesh Agricultural Land (Conversion for NonAgricultural Purposes) Act, 2006 (for short 'the Act') and paid requisite fee on 25.08.2018. But so far no orders are passed issuing the conversion proceedings causing hardship and suffering.

3.

In proof of evidence of submission of application and payment of conversion fee, petitioner enclosed the photocopy of statement obtained from Mee-seva as Ex.P.2. Section 3 of the Act was amended by Amendment Act No.13 of 2018 which came into force with effect from 01.02.2018. In terms of this amendment, an intimation of payment of conversion tax along with the copy of challan/receipt should be sent to the competent authority i.e., Revenue Divisional Officer and such intimation is sufficient in proof of payment of conversion tax and no separate order is required to be passed by the competent authority. Since petitioner has submitted application and paid the requisite fee,

- 3 - what all required to be followed is to intimate payment of conversion tax to the competent authority and that is sufficient for him to proceed further to convert the agricultural land for non-agricultural purposes.

In view of the same and as no specific order is required to be passed by the competent authority, no relief as sought for need be granted in this writ petition.

Thus, leaving it open to the petitioner to inform the Revenue Divisional Officer, Jangareddygudem Division, Koyyalagudem Mandal, West Godavari District, in accordance with Section 3 (2) of the Act and to take consequential measures for development of land, the Writ Petition is disposed of. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 26th October, 2018 Rds