THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16830 of 2010 Date: 16.07.2010 Between: Sri M.Achaiah and others ..... PETITIONERS AND The Hyderabad Metropolitan Development Authority Represented by its Vice Chairman, Hyderabad and others .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16830 OF 2010 O R D E R : This writ petition is filed seeking a declaration that the impugned letter dated 27.05.2010 issued by the 1st respondent herein insisting upon no objection certificate from the Revenue Divisional Officer/Collector under Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural purposes) Act, 2006 (for short, ‘the Act’) for considering the petitioners’ application for grant of approved layout in respect of the land to an extent of Ac.9.34 guntas in survey No.123 situated at Mankhal village, Tukkuguda Gram Panchayath, Maheswaram Mandal, Ranga Reddy District, as arbitrary and illegal. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for both the parties that W.P.No.26688 of 2007 and batch has been disposed of by this Court by common order dated 28.4.2010 holding that it was only from the date on which the Act came into force that no piece of land which was earmarked for agriculture and was shown as such in the revenue records can be put to non-agricultural use. It was concluded in the said decision as under: “In case the land was already put to residential or other use, much before the said Act came into force, a permission under it cannot be insisted. This, however, is a matter, which needs to be verified by the concerned authority. If the petitioners are able to prove that the land has been put to non-agricultural use much before the Act came into force, they cannot be required to obtain the permission under that Act. “ Thus, it is clear that so far as the land that has been put to non- agricultural use before the Act came into force is concerned, clearance/permission shall not be insisted. It is not disputed before this Court that the issue involved in this writ petition is squarely covered by the order passed in the above batch of writ petitions. Accordingly, the impugned order to the extent of condition No.3 is hereby set aside and the writ petition is disposed of permitting the petitioners to produce before the 1st respondent the material, if any, to show that the land was put to non-agricultural use before the Act came into force. If such material is produced within four weeks from today, the 1st respondent, after making necessary enquiry, shall pass appropriate order afresh in terms of the order of this Court in W.P.No.26688 of 2007 and batch dated 23.06.2010. Writ Petition is accordingly disposed of. No costs. ​ ____________ Date: 16.07.2010 G. ROHINI, J Ivd