IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15703 OF 2011 Between: Sri Sai Sagar Agro Industries Private Limited, Lingala Village, Vatsavai Mandal, Krishna District, Rep. by its Managing Director, Veeramachaneni Nageshwar Rao. - - - Petitioner. AND The Tahsildar, Vatsavai Village and Mandal, Krishna District, and three others. - - - Respondents. The Court made the following: HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15703 OF 2011 JUDGMENT: The grievance of the petitioner is while leveling his patta land, the respondents’ authorities have physically obstructed and seized the tractors and other equipment and they physically stopped him from leveling his own patta land. The learned Government Pleader for Revenue, on instructions, submits that though the petitioner had obtained permission for conversion of land to the part of the purchased land, they were found digging the remaining land and shifting the gravel into the land, which was applied for conversion. It is on that account that the respondents’ authorities justified the seizure of the tractors and other equipment. It is not in dispute that the petitioner is leveling his own patta land and for carrying that activity, no license or permission of any authority is prima-facie required. If the respondents’ stand as disclosed in the instructions exists on site, it is for the respondents to give proper notice to the petitioner pointing out the violation, if any, so that the petitioner will have the opportunity to file a reply and then appropriate final orders can be passed for or against the petitioner. The respondents however are not justified in physically stopping the petitioner and seizing his tractors and other equipment. The learned Government Pleader very fairly submits that the respondents shall issue appropriate notice giving opportunity to the petitioner to make his representation and then pass appropriate orders. It is stated by the petitioner that out of the seized tractors and proclainer, the tractors have been released on petitioner depositing the fine. The respondents shall release the proclainer also by imposing the penalty as imposed on the tractors. However, the amount of penalty recovered from the petitioner for such releases shall abide the final decision of the authorities on the show cause notice hereby ordered to be given. In the meanwhile, the petitioner shall confine his leveling activity to the extent of Ac.1.14 cents of land in S.No.15/1 and Ac.3.36 cents of land in S.No.15/2 as per the conversion permission granted to it. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. ________________________ VILAS V. AFZULPURKAR, J. Dt.10-06-2011. Note:Issue C.C. by 13-06-2011. B/o.DSH