IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14151 of 2010 Between: M/s. Chilukuri Housing Projects Pvt Ltd., rep. by its Managing Director Sri Chilukuri Srinivas ..... PETITIONER AND Visakhapatnam Urban Development Authority, Rep. by its Chairman, Visakhapatnam and another .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 14151 OF 2010 O R D E R : This writ petition is filed seeking a declaration that the action of the 2nd respondent in insisting to furnish no objection certificate from the Revenue Divisional Officer, Visakhapatnam under Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 (for short ‘the Act’) is arbitrary and illegal and contrary to the provisions of Andhra Pradesh Urban Area Development Act, 1973. 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 is hereby set aside and the writ petition is disposed of permitting the petitioner to produce before the 2nd 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 2nd 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: 23.06.2010 G. ROHINI, J Ivd