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High Court for State of TelanganaWP/43038/2016disposed of no costs

Smt. Penmatsa Budda Vijayalakshmi, v. The State Of Andhra Pradesh,

2016-12-13C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.43038 OF 2016 ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for respondents 1 to 3 and Sri P.Jagadeesh Chandra Prasad, the learned Standing Counsel for VUDA, appearing for respondent No.4. With their consent, the present writ petition is disposed of at the admission stage. 2.

The present writ petition came to be filed with the following prayer:

"....to issue an order, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in not granting land use conversion certificate for the land in an extent of Ac. 3.00 cents in Sy.No. 265/2 of Lankelapalem village, Parawada mandal, Visakhapatnam District pursuant the applications vide ASMT 00002416 & ASMT 00002420, Dated 21.03.2016 and the action of 4th respondent in not accepting the layout permission application for the said land as highly arbitrary, illegal, null and void and contrary to the Provisions of Andhra Pradesh Agricultural Land (Conversion for non-agricultural purposes) Act, 2006 (Act 3 of 2006) and without jurisdiction and violative of Art.300-A the Constitution of India and consequently direct the respondents to issue land use conversion certificate and also direct the 4th respondent authority to receive and process the application for layout permission without insisting upon the land use conversion certificate."

3.

Though various grounds are raised in the writ petition, learned counsel for the petitioners submits that the petitioners made

CPK,J WP_43038_2016 the applications vide ASMT 00002416 & ASMT 00002420, Dated 21.03.2016 along with conversion charges of Rs.5,00,000/- and Rs.2,50,000/- respectively, but till date no orders are passed. 4.

Learned Government Pleader for Revenue would submit that the respondent authorities may be directed to pass appropriate orders on the applications submitted by the petitioners. 5.

It is to be noted that substantial amount paid by the petitioners was accepted by the respondent authorities, hence the respondent authorities shall consider the applications submitted by the petitioners, in accordance with law.

6.

Having regard to the above, the Writ Petition is disposed of directing the 4th respondent to pass appropriate orders on the applications vide ASMT 00002416 & ASMT 00002420, Dated 21.03.2016 made by the petitioners seeking conversion of the land, in accordance with law, after hearing the petitioners and the aggrieved persons, if any, at the earliest preferably within a period of two (02) months from the date of receipt of a copy of this order. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:13.12.2016 INL