IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14173 of 2008 Between: 1 M.Srinivas Gupta, S/o. Sri M.Nagabhushanam Gupta, R/o. H.No.5-7-191, Khaleel Wadi, Nizamabad, Nizamabad District. 2 M.Tirupathi Gupta, S/o. Sri M.Nagabhushanam Gupta, R/o. H.No.5-7-191, Khaleel Wadi, Nizamabad, Nizamabad District. 3 M.Venugopal Gupta, S/o. Sri M.Nagabhushanam Gupta, R/o. H.No.5-7-191, Khaleel Wadi, Nizamabad, Nizamabad District. 4 M.Balaji Gupta, S/o. Sri M.Nagabhushanam Gupta, R/o. H.No.5-7-191, Khaleel Wadi, Nizamabad, Nizamabad District. 5 B.Nagabhushanam Gupta, W/o. Late Venkata narsimhulu, (wrongly typed as M.Nagabhushanam gupta in the impugned notice) 6 Paidi Balaiah, S/o. Hanmadlu, R/o..Khaleel Wadi, Nizamabad, Nizamabad District. 7 Bompalli Balaiah, S/o. Rajanna, R/o..Khaleel Wadi, Nizamabad, Nizamabad District. ..... PETITIONERS AND 1 The Competent Authority and Revenue Divisional Officer, Adilabad, Adilabad District. 2 The Revenue Vigilance of Enforcement Officer, Karimnagar, at Karimnagar. .....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 any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the notices dated 10-6-2008 in Ref.No.B/2959/07 of the respondent No.1 as arbitrary, illegal, without jurisdiction, violative of Article 14 of the Constitution of India and violative of Principles of natural justice in the interest of justice and equity. Counsel for the Petitioners: MR.V.TULASI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER:: The writ petition is filed by the petitioners stating that they are the joint owners of agricultural land bearing Sy.No.500 admeasuring Ac.13.02 guntas and Sy.No.502 in an extent of Ac.2.28 ½ guntas situated at Basara Village, Modhole Mandal, Adilabad District having purchased the same under common registered sale deed dated 28.3.1995 and since then they have been cultivating the land till 2003-04 and therafter due to non availability of water and labour, discontinued the agricultural operations. While so, the 1st respondent issued notice dated 10.6.2008 to them under Rule 8 of the A.P.Agricultural Lands (Conversion for Non-Agricultural Use) Rules stating that without obtaining permission as required under Section 3 of the A.P.Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, they have converted the land use and accordingly imposed fine of 50% in addition to the regular conversion fee and directed them to pay the said amount within 15 days of receipt of the notice failing which it would be deemed that they have no explanation to offer and the penalty and conversion fee will be levied as per the provisions of the Act and the Rules made thereunder. The said notice is under challenge in this writ petition. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. Even though the learned Government Pleader tried to justify the action of the authorities in issuing the impugned notice stating that it is only a show cause notice, the last paragraph of the notice indicates that if the petitioners fail to pay the penalty within the stipulated time, it would be deemed that they have no explanation, which clearly indicates the determination of the authorities to impose the penalty without even considering the objections/explanation to be submitted by the petitioners in regard to the allegation levelled against them that they have converted the land use without obtaining the permission as required under law. In the circumstances, it is directed that the impugned notice be treated only as a show cause notice and the direction of the 1st respondent to pay the penalty within the stipulated time is set aside. The petitioners shall now submit their explanation to the said notice within a period of two weeks from the date of receipt of a copy of this order, which shall be considered by the 1st respondent and appropriate orders shall be passed thereon in accordance with law. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.3.7.2008 Note: Furnish CC in 3 days. (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Competent Authority and Revenue Divisional Officer, Adilabad, Adilabad District. 2 The Revenue Vigilance of Enforcement Officer, Karimnagar, at Karimnagar. 3 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd (OUT) 4 2CD copies