IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 7826 of 2008 Between: 1 The Rahul Educational Society Regd No.92/2007 by its Secretary Gandi Venkata Narsimha Kumar@ Ravi Kumar S/o.Demudu R/o.Mogalipuram(V) Sabbavaram(M) Vizag Dist 2 Koilada Gangadha Rao S/o.Late Balaramudu R/o.Door No.16-3-60 Dibbaveedhi Anakapalli Visakhapatnam Dist 3 Konthala Ramulu S/o.late Nookaraju R/o.Door No.16-3-53/B Dibbaveedhi Anakapalli Vizag 4 Bodeda Ananda Rao S/o.Late Ramunaidu R/o.Door No.45-30-7/2 Akkayapalem Vizag ..... PETITIONERS AND 1 The Dist Collector Visakhapatnam Dist 2 The Revenue Divisional Officer Visakhapatnam Division Visakhapatnam .....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 a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the cancellation order dt 10- 03-2008 in Rc No.1618/2008/LRDT of the respondent in respect of land in Sy.No.19(part) of an extent of Ac 10.00 situated at D.M.S Puram of Sabbavaram(M) Visakhapatnam Dist as illegal and contrary to the provisions of the A.P Agricultural Land(Conversion for Non Agriculture Purposes) act 2006 consequently set aside the same and pass Counsel for the Petitioner: MR.P.SRI RAGHU RAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri P. Sri Raghuram, learned counsel for the petitioners and the learned Government Pleader for Revenue for respondents. The petitioners assail the order of the second respondent bearing reference No. 1618/2008/LRDT dated 10-03-2008 whereby an earlier permission granted on 21-02-2008 for conversion of the agricultural land in an extent of Ac.10-00 in survey No. 19 part situated at D.M.S.Puram village, Sabbavaram mandal for non- agricultural purposes under the provisions of Section 5 of the Andhra Pradesh Agricultural Land (Conversion for Non-agricultural purposes) Act, 2006 (for short ‘the Act’) read with Rule 7 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2006 (for short ‘the Rules’), has been cancelled for the reasons recorded in the order. On behalf of the respondents, the learned Government Pleader concedes the position that no notice has been issued before the order of cancellation. The order impugned also does not disclose that any such notice was issued. As the cancellation of an earlier order permitting conversion of agricultural land for non- agricultural purposes adversely impacts the petitioners and visits them with civil consequences, it is axiomatic that a notice and opportunity should have preceded passing of the impugned order. No such notice was issued nor an opportunity provided. For the aforesaid reasons, the order of the second respondent bearing reference No. 1618/2008/LRDT dated 10-03-2008 is declared invalid and is quashed. The respondents are however at liberty to issue a notice, offer a meaningful opportunity to the petitioners to contest any allegations and proposals for cancellation of earlier orders and thereafter take a decision, in accordance with law. The writ petition is allowed as above at the stage of admission. There shall be no order as to costs. _____________________ GODA RAGHURAM, J Dated: 10-04-2008 Pvks/*