IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7713 of 2009 Between: 1 G. Purushotham, S/o. Lat Shiva Lingaiah, R/o. 8-15-32A, Padmanagar, Kharmanghat, Ranga Reddy District.s 2 G. Kotaiah, S/o. G. Lachaiah, R/o. 16-70/1, Krishna Nagar Colony, Dilshuknagar, Hyderabad. 3 K. Prasad, S/o. K. Venkateshwarlu, R/o. Railway Quarters, Hindupur, Anantapur District. 4 Ch. Yadagiri, S/o. Late Iddaiah, R/o. 4-129, Flat No. 103, Gayathri Apartments, Durga Nagar, Dilshuknagar, Hyderabad. 5 G. Chandrashekar, S/o. Late G. Pentaiah, R/o. Flat No. 303, Vasistha Enclave, Lakshminagar, Hyderabad. 6 K. shyam Rao, S/o. Late K. Krishna, R/o. 8-339/3, M.N. Reddy Nagar, Chintal, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Ananthapur District, Ananthapur. 3 The Sub Collector, Penukonda, Ananthapur District. 4 Hindupur Municipality, Rep. by its Commissioner, Hindupur, Ananthapur District. .....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 issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the proceedings of the 3rd Respondent vide Endorsement in L.Dis.No. 160/2009/G Dt. 7-2-2009 as illegal, unjust, arbitrary, violative of Articles 14, 19(1)g, 21 and 300 A of the Constitution of India and contrary to the provisions of A.P. Agricultural land (Conversion to Non-Agricultural Purposes ) Act, 2006 and consequently direct the respondents to issue permission for conversion of petitioners agricultural lands to an extent of Ac. 12.50 cents in Sy.No. 464/1 and 464/2 of Sreekantapuram Village, Hindupur Mandal and Municipality, Ananthapur District in to non agricultural purpose. Counsel for the Petitioner: MR.N.JAYASURYA Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.7713 of 2009 ORDER: The petitioner purchased Acs.12.50 cents of land in Survey No.464-1 and 2 of Srikantapuram Village, Hindupur Mandal. Thereafter, he proposed to convert the same into house sites. As required under the A.P. Agricultural Land (Conversion to Non-Agricultural Purposes) Act, 2006 (for short ‘the Act’), he submitted an application before the Sub- Collector, Penukonda, the third respondent herein. The latter made an endorsement, dated 07.02.2009, rejecting permission on the ground that the land is proposed for the purpose of Rajiv Swagruha Scheme. The said endorsement is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The Act has prescribed the conditions subject to which an agricultural land can be put to non-agricultural purposes. The only ground mentioned by the third respondent in the impugned endorsement is that Hindupur Municipality has proposed to acquire the land for the purpose of house sites under a Government scheme. Even if the same is true, it cannot constitute a ground or basis for rejection of the application. The reason mentioned by the third respondent is totally extraneous to the parameters stipulated under the Act. Therefore, the writ petition is allowed and the impugned endorsement is set aside. The third respondent is directed to pass fresh orders, within a period of four weeks from the date of receipt of a copy of this order, and it is directed that mere pendency of a proposal for acquisition cannot be treated as a ground to reject the application for conversion of an agricultural land into non-agricultural purposes. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.27.04.2009 Note: Issue CC in one week. (b/o) VGB