THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.16220 of 2009 ORDER: The petitioners purchased an extent of Acs.23.51 cents of land in various survey numbers of Nellore Revenue Village and Town, Nellore District, through different documents executed in the years 2006 and 2007. The land was originally held by the family of Sri D.Kodanda Rami Reddy. It was the subject matter of proceedings under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’). It was excluded from computation, on the ground that it is non-agricultural in nature. The petitioners intended to develop a township over the land. They submitted an application to the concerned Gram Panchayat and the Director, Town and Country Planning, Hyderabad, the 1st respondent, with a request to grant layout for the land. The 1st respondent issued proceedings, dated 06.08.2008, and insisted on furnishing of various particulars. One such is the filing of land conversion certificate under the A.P. Agricultural land (Conversion for Non-Agricultural Purposes) Act, 2006 (for short ‘the 2006 Act’). The petitioners feel aggrieved by that condition. They complain that, once the Tribunals under the Act held that the land is not agricultural in nature, the provisions of 2006 Act do not apply. The Revenue Divisional Officer, Nellore, the 4th respondent, filed counter-affidavit, stating that the land has already been declared as non-agricultural, and in that view of the matter, the Act does not apply to it. In his counter-affidavit, the 1st respondent states that, at one point of time, the 4th respondent issued proceedings stating that the petitioners are putting the land to non-agricultural use without obtaining permission, under the relevant provisions of law, and in that view of the matter, the petitioners are under obligation to obtain conversion certificate. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and learned Government Pleader for Municipal Administration. The 2006 Act mandates that whenever any land, which is under actual cultivation or capable of being put to agriculture, is proposed to be put to any other use, permission from the concerned Revenue Divisional Officer, must be obtained. Obviously, the Act does not apply to lands, which are not put to agricultural use or not classified as such. In case the recent records disclose that the land is agriculture in nature, the fact that the activity is discontinued, does not make any difference. In the instant case, the land no doubt was held by an agriculturist’s family. In the declaration filed under the Land Reforms Act, a clear finding was recorded to the effect that the land, referred to above, cannot be put to agricultural use. On that basis, it was excluded from computation. Therefore, the provisions of the Act do not apply to such land. It is no doubt true that at one point of time the Revenue Divisional Officer insisted that the permission under the Act must be obtained. However, in the recent past, a clarification was issued to the effect that an endorsement was made on 19.08.2009, on a representation made by the petitioners that the land is non-agricultural in nature. With that the uncertainty, if any, ceased to exist and the 1st respondent cannot insist on the permission under the Act. The Writ Petition is accordingly allowed and the impugned proceedings are set aside. The 1st respondent shall not insist on the petitioners to obtain conversion certificate for the land in question, under the provisions of the A.P. Agricultural land (Conversion for Non-Agricultural Purposes) Act, 2006. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.08.02.2010. GJ