IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23735 of 2008 Between: Akula Sriramulu, S/o. A.Gopayya, Akula Sreeramulu Educational Society, D.No.6-65, Bye-Pass Road, Pydiparru, Tanuku, West Godavari Dsitrict. ..... PETITIONER AND 1 The Principal Secretary, Revenue Department Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Collector, East Godavari District Kakinada. 3 The Revenue Divisional Officer, Rajahmundry, East Godavari District. 4 The Thasildar Mandal Revenue Office Rajanagaram Mandal, East Godavari District. 5 All India Council for Technical Education, Rep by its Regional Officder Southern Regional Office, Sastry Bhavan 26, Haddows Road, Numgambakkam, Chennai-600 006 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the endorsement of the 3rd respondent herein made in L.Dis.H/5513/2008dt.17-10-2008 as illegal, arbitrary and violative of article 14 of Constitution of India and 300-A of the constitution of India and consequently direct the respondents to forthwith issue the conversion certiﬁcate as contemplated U/s 3 of A.P. Agricultural Land(conversion for non- agricultural purposes)Act, 2006 in respect of the petitioner's land admeasuring 5-81 in sy.No.233 situated at Palacherla Village, Rajanagaram Mandal, East Godhavari District. Counsel for the Petitioner: MR.RAMBABU SAMBANGI Counsel for the Respondent No.: GP FOR REVENUE Kum.C.Sindhu Kumari The Court made the following : Order: The petitioner claims to be the Chairman of Akula Sri Ramulu Educational Society, which was registered under the provisions of the Societies Act XXI of 1860. In order to establish an engineering College, the society has purchased an extent of Ac.5.74 cents in Sy.No.233 of Palacharla Village, Rajanagaram Mandal, East Godavari District under registered sale deed and, thereafter, made an application on 19.12.2007 to the All India Counsel for Technical Education (AICTE) for the establishment of new technical institution for the academic year 2008-09. It is the case of the petitioner that he submitted an application to the Revenue Divisional Oﬃcer, Rajahmundry, the 3rd respondent herein requesting for conversion of the land use from agricultural to non- agricultural under Rule 3(i) of the A.P.Agricultural Land (Conversion for non-agricultural purposes) Act, 2006 (for short ‘the Act’). The said application was not considered and rejected vide the impugned endorsement dated 17.10.2008 in L.Dis.G/5513/2008 on the ground that the said land is covered by Rajiv Swagruha House Programme to provide houses to middle class people of Rajahmundry. Challenging the said endorsement, the present writ petition is ﬁled seeking a direction to the respondents to forthwith issue the conversion certiﬁcate as contemplated under the provisions of the Act. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue and Kum.C.Sindhu Kumari, learned counsel appearing for the 5th respondent. The learned counsel for the petitioner submits that the impugned endorsement rejecting the conversion of the land use on the ground that the said land is required in future for Rajiv Swagruha Gruhanirmana Scheme is illegal and contrary to the provisions of the Act and the rules made thereunder. In similar circumstances, this Court in W.P.No.789 of 2008, vide orders dated 25.1.2008 allowed the writ petition by setting aside the impugned endorsement and directed the Revenue Divisional Oﬃcer to consider the application of the petitioner in accordance with the provisions of the Act and to pass appropriate orders, which is not disputed by the learned Government Pleader. In the circumstances, following the judgment of this Court dated 25.1.2008 in W.P.No.789 of 2008, this writ petition is also allowed setting aside the impugned endorsement dated 17.10.2008 and the Revenue Divisional Oﬃcer, Rajahmundry, the 3 rd respondent herein is directed to consider the application of the petitioner for conversion of the land use from agriculture to non-agriculture within a period of one month from the date of receipt of a copy of this order and pass appropriate orders without reference to the ground that the same is required in future for the purpose of Rajiv Swagruha Scheme. N.V.RAMANA,J Dt.17.11.2008 msv