Andhra Pradesh High Court

WP/33428/2023 of Samayamanthula Kasi Visweswara Rao Vs The State of Andhra Pradesh on 29 December 2023

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HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33428 OF 2023 Between: Samayamanthula Kasi Visweswara Rao, S/o Venkata

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 33428 OF 2023

Between:

Samayamanthula Kasi Visweswara Rao, S/o Venkata Subbarao, aged 64 years, R/oD.No.6-3-21 Dantuvari Street, Kakinada, Kakinada Dist.

...PETITIONER

AND

1.The State of Andhra Pradesh, Rep.by its Principal Secretary (Revenue)Department, Secretariat, Velagapudi, Guntur Dt.Department, Secretariat, Velagapudi, Guntur Dt.

2.The District Collector, Kakinada, Kakinada Dist.

3.The Revenue Divisional Officer, Kakinada, Kakinada[Dist.]

4.The Tahsildar, Kakinada Rural, Kakinada Dist.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances statedintheaffidavitfiled therewith, the HighCourt maybepleased to issue an appropriate writ, order or direction,particularly onein thenature of a Writ of Mandamus, declaring the action of the 3rd respondent in notrecalling the impugned Conversion Order bearingD.Dis.No.H/778/2[020][ dated]30.06.2020 which are obtained by playing fraud on the 3rd Respondent as wellas the petitioner as arbitrary,illegal,unjust, violative of Principlesof NaturalJustice,violativeof themandatoryprovisionsof theA.P.AgriculturalLand(Conversion for Non-Agricultural Purposes) Rules,2018 (G.O.Ms.No.98 Revenue(DA&LR) Department dated19.02.2018),violativeof the Fundamental Rightsguaranteed to the Petitioner under Articles 14 and[21]of the Constitution of Indiaapart frombeingviolativeofArticle300-Aof theConstitutionofIndiaandconsequentlydirectthe3rdrespondenttocancel/recalltheimpugnedConversion Order bearing D.Dis.No.H/778/202p dated[30.06.2020][ within a][ time]frame.

lA NO:1 OF 2023

Petition under Section 151 CPC praying that in the[circumstances][ stated]in the affidavit filedin support of the petition, the High Court may be pleased todirectthe3rdrespondenttodisposeofthePetitioner'sApplicationdated 09.08.2023 after hearing the petitioner within a time[frame,][ pending][ final][ disposal]of the above Writ Petition.

Counsel for the Petitioner(s): SRI. JOSYULA BHASKARA[RAO]

Counsel for the Respondents 1 to 4: GP FOR REVENUE

The Court made the following: ORDER

V>

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION N0.33428 OF 2023

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ORDER:

The short grievance of the petitioner is that the 3'"' respondent isnot re-calling the impugned conversion order dated 30.06.2020 whichisobtained by playing fraud on the 3'"^ respondent as well as the petitioner.2.Heard Sri Josyula Bhaskar Rao, learned counsel for the petitionerand Sri E.Kumar, learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioner in elaboration contended that,the vendors of the petitioner, by playing fraud on the 3'"* respondent,have obtained conversionof the subject agriculturallandintonon-agricultural land vide conversion order dated 30.06.2020 without issuingnotice to the petitioner.He further submitted that, the petitioner hasmade an application dated 09.08.2023to the respondentauthoritiesrequesting for cancellation of the impugned conversion[order]but theauthorities have not acted upon.If the said conversion order is allowedto susbsist, apart from affecting the rights of the petitioner, some thirdparties interest would be created. As such prayed to protect the interestof the petitioner.the vendors of the petitioner, by playing fraud on the 3'"* respondent,have obtained conversionof the subject agriculturallandintonon-agricultural land vide conversion order dated 30.06.2020 without issuingnotice to the petitioner.He further submitted that, the petitioner hasmade an application dated 09.08.2023to the respondentauthoritiesrequesting for cancellation of the impugned conversion[order]but theauthorities have not acted upon.If the said conversion order is allowedto susbsist, apart from affecting the rights of the petitioner, some thirdparties interest would be created. As such prayed to protect the interestof the petitioner.

4. On the other hand, learned Assistant Government Pleader[for]Revenue submitted that, instead of approaching the Statutory authorityby filing an appeal under Section 8 of A.P. Agricultural[Land][ Conversion]Act, 2006, the petitioner straightaway filed the present writpetition.which cannot be adjudicated by this Court under Article[226.][ As][ such]prayed to dismiss the writ petition at the admission stage itself.Revenue submitted that, instead of approaching the Statutory authorityby filing an appeal under Section 8 of A.P. Agricultural[Land][ Conversion]Act, 2006, the petitioner straightaway filed the present writpetition.which cannot be adjudicated by this Court under Article[226.][ As][ such]prayed to dismiss the writ petition at the admission stage itself.

5. Tothesaidsubmission,learnedcounselforthepetitionersubmitted that, as the conversion order has been passed without issuingnotice to the petitioner, the writ petition is maintainable[however]if thiscourt comes to a conclusion that writ petition cannot be entertained, aliberty may be givento thepetitionertofile anappealbeforetheStatutory authority and prayed to dispose of the writ petition.submitted that, as the conversion order has been passed without issuingnotice to the petitioner, the writ petition is maintainable[however]if thiscourt comes to a conclusion that writ petition cannot be entertained, aliberty may be givento thepetitionertofile anappealbeforetheStatutory authority and prayed to dispose of the writ petition.

6. Perused the record.

7. As Section 8 of A.P. Agricultural Land ConversionAct,2006isrelevant, it is extracted hereunder for better understanding:relevant, it is extracted hereunder for better understanding:

“..8. Appeal - Any person aggrieved by an order of[the][ Revenue]Divisional Ofifcer may ifle an appeal before the Collector[within]sixty days ofreceipt ofsuch order by the applicant....”

By virtue of the above provision, as there are certain disputed facts, thepetitioner can as well prefer appeal before the Appellate Authority byraising all the grounds that are raTsgd before this Court. However, the petitioner sought liberty to file an appeal before the Appellate Authorityconcerned, this court is inclined to grant such a liberty to the petitioner.In view of the above,instead of keeping the writ petitionpending,inviting counter, this Court is inclined to dispose of the writ petition withthe following direction:

The petitioner is at liberty to file an appeal before[the][ concerned]authorityin accordancewithlaw.Onsuchappeal,theconcernedauthority is directed to consider and dispose of the[same][ in][ accordance]with the law within stipulated time and as per rules in vogue.

Accordingly, the Writ Petition is disposed of. No costs.Miscellaneous applications, pending if any, shall stand[closed.]

Sd/- K. TATA RAODEPUTY REGISTRAR//TRUE COPY//To,Section OFFICER(Revenue) Department, State of AndhraPradesh,Secretariat, Velagapudi, Guntur Dt.2. The District Collector, Kakinada, Kakinada Disti Sf®Officer, Kakinada, KakinadaDist.I A"Kakinada Rural, Kakinada Dist5. One CC to SRI. JOSYULA BHASKARA RAO Advocate lOPUCl7 Three CD Co%s°'^'9'' ^ourt of Andhra Pradesh. [OUT]Madhu gl HIGH COURT

DATED:29/12/2023

ORDERWP.No.33428 of 2023

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DISPOSING THE WP WITHOUT COSTS

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