THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.4958 of 2011 ORDER : The petitioners claim to be the absolute owners and possessors of small extents of agricultural lands situate in R.S.Nos.39/1, 39/8, 25/A, 37/2, 39/2 and 39/7 of Garuva, hamlet of Penumantra Village and Mandal, West Godavari District. The 7th Respondent owns land to an extent of Ac.0.96 ½ cents situate in Sy.No.37/2. The 7th Respondent made an application to the 5th Respondent/Gram Panchayat seeking permission for construction of poultry shops and godown. Considering the said application, the 5th Respondent-Gram Panchayat granted permission under Resolution No.26, dated 20-02-2010 for conversion of agricultural land of the 7th Respondent into non-agriculture and for construction of poultry shops and godown. The petitioners have challenged the said resolution mainly on the ground that the Gram- Panchayat has no power vested in it in granting permission for conversion of agricultural land into non-agriculture. According to them, the said power is vested in the authorities under the provisions of the Andhra Pradesh Agricultural Land (Conversion of Agricultural lands to Non-Agricultural Purpose) Act, 2006. I have considered the contentions of the respective parties. It is true that the power to permit conversion of agricultural land into non-agriculture is vested in the Revenue Divisional Officer as per the provisions of the said Act. To that extent the impugned resolution of the 5th Respondent-Gram Panchayat is not valid. The counsel for the 7th Respondent, however, submits that irrespective of the impugned resolution of the Gram Panchayat, the 7th Respondent has obtained permission as per the provisions of the said Act from the Revenue Divisional Officer, Kovvur vide proceeding Roc.No.4536/2010(K), dated -02-2011 signed on 09-02-2011. In view of this which is not disputed by the learned counsel for the petitioners, I am of the view that the impugned resolution to that extent becomes redundant. Learned counsel for the petitioners however submits that permission granted under the Conversion Act was only in respect of an extent of Ac.0.50 cents but the 7th Respondent under the guise of the impugned resolution is undertaking construction on an extent of Ac.0.96 ½ cents. This objection cannot be adjudicated in this Writ Petition. It is needless to say that any construction undertaken by the 7th Respondent shall be in conformity with the permission obtained by him in that regard. It is for the concerned authority to ensure construction according to the permission obtained by the petitioner. In the circumstances as above, the Writ Petition is disposed of with the above observation. The interim order granted in W.P.M.P.No.6145 of 2011 dated 01-03-2011 stands vacated. No costs. ________________ NOUSHAD ALI, J. 22nd June, 2011. Note : Issue C.C. in two days. B/O skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.4958 of 2011 Date : 22-06-2011 Between : Kasagani Suryanarayana & 3 Others .. Petitioners and The Government of A.P., rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad & 6 Others .. Respondents