IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 16317 of 2008 Between: 1 Janachaitanya Housing Ltd., a Company incorporated under the provisions of the Companies Act, 1956 having its Registered Office at 5/1, Arundalpet, Guntur, rep. by its Chairman & Managing Director Sri.M.Sudhakar S/o.late Bhasker Rao, aged about 45 Yrs. R/o.3-1-10, Rajendranagar, Guntur. 2 Madala Sakuntala W/o.Late Bhasker Rao R/o.3-1-3A, Rajendranagar, Guntur. 3 Madala Ratnagiri Babu S/o.Late Bhasker Rao R/o.3-1-3A, Rajendranagar, Guntur. 4 Chadalavada Srinivas S/o.Copichand R/o.1-2-10, JKC Nagar, Guntur. 5 Kondasani Bhasker Reddy S/o.Guruva Reddy R/o.158/1, Venkatareddipalem, Khaja Village, Mangalagiri Mandal, Guntur District. ..... PETITIONERS AND 1 The Collector, Nellore District, Nellore. 2 The Sub-Collector, Nellore District, Gudur. .....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 to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, more particularly the action of the 2nd respondent in issuing endorsement in Rc.No.B1.3854/2007 dated 06.05.2008 refusing to grant permission for conversion of agricultural land belonging to the 1st petitioner admeasuring 73.38 Acres situate in Sy.Nos. 249/A, 249/B, 261/1C, 261/1D, 261/1E, 261/2, 261/3, 262/A, 263 (now 263/A), 263/B, 264/1, 264/2, 264/3, 275/2A, 275/2B, 275/2D, 275/3A, 275/3B, 275/3C, 275/3D, 276/A, 276/B, 276/C, 277/A, 277/B, 277/C, 277/D, 278/A, 278/B, 278/C, 278/D, 279/A, 279/B, 279/C, 280/A, 280/B and 280/C of Gurivindapudi Village, Manubolu Mandal, Nellore District, pursuant to the application dated 01.11.2007 filed by the 1st petitioner on the ground that there are certain Government lands in the lands applied for, as highly arbitrary, illegal, unjust, without jurisdiction, in violation of the Fundamental and Constitutional Rights guaranteed under the Constitution of India, as well as in violation of the principles of natural justice and issue a consequential direction to the respondents to forthwith grant permission for conversion of the aforesaid lands from agricultural to non-agricultural use under the provisions of the A.P. Agricultural Lands ( Conversion for Non-agricultural Purposes) Act, 2006 and pass such other order or orders. Counsel for the Petitioners:MR.S.SRINIVAS REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16317 of 2008 ORDER: First petitioner is a Company registered under the Companies Act, 1956. Petitioner Nos.2 to 5 purchased an extent of Acs.73.38 in various survey numbers of Gurivindapudi Village of Manubolu Mandal in Nellore District under agreements of sale for a sale consideration of Rs.66,37,600/-. They applied under the Andhra Pradesh Agricultural Lands (Conversion for Non-Agricultural Purposes) Act, 2006 (the Act, for brevity). Second respondent, who is competent under the Act, by impugned endorsement dated 06.05.2008 rejected the request of conversion in respect of Acs.47.45 on the ground that the lands are classified as Government lands. This endorsement is assailed in instant writ petition. A counter affidavit is filed. In sum and substance, it is the case of second respondent that the petitioners have not placed any material to show that it is patta/ryotwari land, and therefore, based on the entries available in Diglot Register of the Village, permission was rejected in respect of Acs.47.45. Learned Counsel for the petitioners submits that when the petitioners’ application was rejected by impugned endorsement, petitioners have obtained necessary information like adangals under the Right to Information Act, 2005, to show that the land is private patta land. Learned Assistant Government Pleader points out that as necessary material was not placed, permission was rejected. Having regard to the totality and the circumstances of the case, the matter is remitted to second respondent to consider the application of the petitioners. If for any reason permission for conversion of agricultural land into non-agricultural land is rejected on the ground that it is Government land, petitioners’ remedy is to file an appeal under the Act or to file a suit and seek for declaration. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 05.12.2008 vs To 1 The Collector, Nellore District, Nellore. 2 The Sub-Collector, Nellore District, Gudur. 3 2CCs to 4 2CD copies Form-NIC-OGS/WP{KURR}