HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.19992 of 2010 ORDER: Heard the learned counsel for the petitioners and also the learned Government Pleader for Revenue. In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the second respondent in demanding an amount of Rs.73,43,750/- towards conversion fee under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 (for short ‘the Act’), as illegal and arbitrary. The petitioners state that they submitted an application on 13.02.2008 requesting the respondent-authorities for conversion of land admeasuring abut Acs.29.15 guntas situated in Bandlaguda Village and Mandal, Hyderabad District, into non-agricultural purposes under the provisions of the Act. Thereafter, on the application of the petitioners, a report was prepared by the Tahsildar, Bandlaguda Mandal vide Letter No.B/565/2008, dated 05.01.2009. Based on the same, the second respondent issued Memo, dated 02.03.2009, in Letter No.B/386/2008, demanding an amount of Rs.73,43,750/- to consider the application of the petitioners within a period of thirty days from the date of receipt of the Memo. In the same Memo, it is further stated that if the petitioners fail to pay the said amount within the period stipulated, their application will not be processed. In this writ petition, it is the grievance of the petitioners that in spite of the fact that the petitioners are not pursuing their application, still the respondents are demanding the amount and also seized the vehicle of the petitioners-college bearing No.AP9W 721 on the ground that the petitioners are using the land covered by Survey Nos.116 to 119, 123 to 145 admeasuring Acs.29.15 guntas situated in Bandlaguda Village and Mandal, Hyderabad District, for non- agricultural purposes. During the pendency of the writ petition before this Court, an application was filed before the second respondent on 16.08.2010 withdrawing the application, dated 13.02.2008, in which, a request was made for conversion of the land into non-agricultural purposes. It is submitted by the learned counsel for the petitioners that without fixing the liability of the petitioners and in view of withdrawal of the application for conversion, no amount can be demanded from the petitioners. On the other hand, it is submitted by the learned Government Pleader appearing for the respondents that the petitioners are using the entire land for non-agricultural purposes and are running a college in the aforesaid land by obtaining permission from All India Council for Technical Education. As such, they are liable to pay the amount demanded under the impugned Memo. It is further submitted that when the demand was made, the petitioners also submitted a representation, dated 15.11.2008, requesting to fix the value at Rs.25,00,000/- per acre and to charge conversion fee thereon. The learned Government Pleader also produced a notice, dated 16.11.2008, issued in Letter No.A/6191/05, wherein it is alleged against the petitioners that they are using an extent of Acs.24.36 guntas of land covered by Survey Nos.116, 117, 118, 119, 123, 124, 125/1, 126, 127, 128, 129, 130/A, 130/AA, 131/A, 131/AA, 132/A, 132/AA, 133 to 145, situated in the limits of Bandlaguda Village for non-agricultural purposes in violation of Section 3(1) to (6) of the Act. Therefore, they were called upon as to why necessary action and penalty should not be imposed and collected. From a perusal of the impugned Memo, it is clear that the the respondents have demanded payment of the amount mentioned therein to process the application of the petitioners, dated 13.02.2008. When the petitioners have withdrawn the said application, more particularly in view of their letter, dated 16.08.2010, at best, the respondents may not process the application of the petitioners for conversion, but they cannot demand for payment of a sum of Rs.73,43,750/-. During the course of arguments, it is fairly submitted by the learned Government Pleader that independent to the application filed by the petitioner, the respondents have not passed any orders fixing the liability pursuant to the notice, dated 16.11.2008, issued in Letter No.A/6191/05. Under the scheme of the Act particularly with reference to Section 6 of the Act, if any agricultural land has been put to non- agricultural purposes, without obtaining permission as required under law, it shall be deemed to have been put to non-agricultural purposes and the competent authority is also empowered to impose a fine of 50% over and above the conversion fee specified under Section 4 of the Act. In the present case, the fact remains that there is no order passed by the competent authority under Section 6 of the Act either fixing the charges of conversion on the allegation of deemed conversion pursuant to the notice dated 16.11.2008 and the impugned demand is made only on the application of the petitioner dated 13.02.2008. In view of withdrawal of the application filed by the petitioners, I dispose of the writ petition declaring the seizure of the petitioners- college bus bearing No.AP9W 721 and demanding an amount of Rs.73,43,750/-, pursuant to the impugned Memo as illegal. However, at the same time, it is made clear that if the petitioners are using any land, which is covered by the application for non-agricultural purposes, it is open to the respondents to take further steps in pursuance of the notice dated 16.11.2008, and pass appropriate orders fixing the liability of the petitioners under Section 6 of the Act to collect the same from the petitioners. The writ petition is disposed of to the extent indicated above with the directions as referred to above. No costs. _____________________ (R.SUBHASH REDDY, J) Dt: 25.08.2010. VGB