IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 23040 of 2008 Between: Slamanda Nagendra Kumar S/o. A. Panduranga Swamy R/o. Yeleswaram Village, Yeleswaram Mandal, E.G. District. ..... PETITIONER AND 1 The Revenue Divisional Officer Peddapuram Revenue Division Peddapuram, E. G. District. 2 The Tahsildar Yeleswaram Mandal Yeleswaram, E. G. District. .....RESPONDENT(S) 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 of Certiorari or any other appropriate Writ order or direction to declaring clause (9) in the conversion order passed by the Revenue Divisional Officer, Peddapuram, the 1st respondent herein, in D.Dis. A/993/2008, dt.25- 06-2008, as illegal, arbitrary, contrary to the provisions of the Act, and in violation of principles of natural justice and quash the same. Counsel for the Petitioner: MR.RAMA RAO MAVIDI Counsel for the Respondents : GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23040 of 2008 ORDER: The petitioner statedly is owner of land admeasuring Acs.7.80 in survey No.382 situated at Yeleswaram village in East Godavari District. He applied to first respondent under Section 4(1) of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006, on 18.02.2008 seeking permission for conversion of Acs.4.00 in survey No.382. Alleging that the same was not acted upon immediately, petitioner filed W.P.No.9152 of 2008. This Court disposed of the writ petition on 24.04.2008 directing first respondent to consider the said application and pass appropriate orders. Thereafter, by proceedings, dated 25.06.2008, first respondent granted permission for conversion of Acs.4.00 in survey No.382 subject to certain conditions. As per condition 9, conversion order does not in any way prevent the acquisition of land under Land Acquisition Act, 1894 and does not confer any right or privilege with regard to its valuation. Aggrieved by the same, present writ petition is filed. Learned counsel for petitioner submits that when brother of petitioner applied for conversion of land admeasuring Acs.5.00 in survey No.451/1 situated at Yeleswaram, Revenue Divisional Officer issued permission without imposing any condition like condition 9 in the impugned order, and therefore it is discriminatory. Learned Assistant Government Pleader opposed the writ petition. In obedience to the orders of this Court in W.P.No.9152 of 2008, first respondent conducted enquiry. Panchayat Secretary, Yeleswaram; Tahsildar, Yeleswaram and the petitioner were present. On 07.06.2008, Tahsildar, Yeleswaram, brought to the notice of first respondent that the land is proposed for acquisition. For this reason, condition was imposed as the petitioner might claim any privilege. Even such condition is not imposed, it is always open to authorities to acquire the land in exercise of power of sovereign domain. When the same is made explicitly to the effect that conversion of agricultural land into non-agricultural land does not confer any privilege, the same, in the considered opinion of this Court, cannot be treated as arbitrary and illegal. The writ petition is misconceived and is accordingly dismissed. _______________ (V.V.S.RAO, J) 27.11.2008 pln