✦ High Court of India · 08 Jan 2025

High Court · 2025

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,164 words

7. G.Shekaraiah, S/o. Rajaiah, Aged about 81 years, Occ. Retd. Empl.oVee'.R/9. H.No.C-80, Phase-ll, Vanasth-alipuram, Ranga Reddy District, Hyderabad- 500070. Represented by their Agreement of Sale-cum- General Power of-Attomey Holiler Smt. Ch-alla Gayatri Devi W/o. Sambi Reddy, Ag'ed abo-ut 68 y-qaE' Occ. Housewife, Fyo H.No.3-6-4994, Himayathnagar, Road No.7' Himayathnagar, Hyderabad-29. ...PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department. Secretariat, Hyderabad

2. The Collector, Medchal Malkajgiri District, Keesara, Medchal Malkajgiri 3. Revenue Divisional Officer, Keesara, Medchal Malkajgiri District. 4. The Tahasildar, Shamirpet Mandal, Shamirpet, Medchal Malkajgiri District / / ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly, a Writ in the nature of Mandamus, declaring the inaction of the Respondent No. 2 in not considering my application dt. 0311112023 for conversion from Agricultural land to Non- Agricultural purposes under the NALA Act as being violative of Article 14,21 and 300 of the Constitution of lndia and to direct the Respondent No 2 to dispose of my application dL.0311112023 as per law. lA NO: 1 oF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 to consider my physical application dt. 03/1 "l/2023 without insisting on an online application. Counsel for the Petitioners: SRI K. MOHAN Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER / / / 7 ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.625 of 2025 I I This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following relief: "....to issue a Wit, Order or Direction more particltlarlg a Wit in the nature of Mandamus declaing the inaction of the Respondent No.2 in not ansideing mg application dt 03/ 11/ 2023 for conuersion from Agicttltural land to Non-Agiatltural purposes under tle NALA Act as being uiolatiue of Articles 14, 21 and 3OO of the Constitution of India and to direct the Respondent No.2 to dispose of mg application dt O3/ 11/ 2023 as per latu...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners are the orvners and possessors of agricultural land admeasuring Ac.3.00 guntas in Sy.No.374 situated at Bommaraspet Village, Shamirpet Mandal, Medchal Malkajgiri District, having purchased the same under registered sale deed bearing document No-1787 of 2OO6 and the revenue authorities have mutated their names in the revenue records and also issued pattadar passbooks and title deeds in their favour and they have executed an Agreement of Sale-cum- General Power of Attorney in favour of one Smt. Challa Gayatri ...1* I I I I 2 Devi to develop the said property. It is further stated that initially the petitioners have submitted an online application in Dharani Portal, by paying requisite fee for conversion of the said property from agricultural to non-agricultural purpose under the Telangana Agricultura-l l,and (Conversion for Non-agricultural Purposes) Act, 20O6 (NALA Act, 2006) and when the same has not been considered by the respondents on the ground of pendency of the court cases, an application dated 03.11.2023 has been submitted before respondent No.2 for conversion of the said property from agricultural to non-agricultural purposes, but till date no action has been taken by respondent No.2.

4. Sri K. Mohan, learned counsel appearing for the petitioners submitted that the petitioners have filed an application before respondent No.4 under Right to Information Act, 2OO5, seeking details of the pending cases and acting on the said application, respondent No.4 has provided information on 21.12.2023 stating that no cases are pending on the subject property nor it is included in the prohibitory list. It is further submitted that since no cases are pending on the subject propert5r, the action on the part of respondent No.2 in not considering the application submitted by the petitioners is illegal and arbitrary.. i I -- - -7/ / ,) / I

5. Learned Assistant Government pleader for Revenue appearing for the respondents has not disputed the application submitted by the petitioners.

6. In view of the above submissions, since no court cases are pending regarding the subject property and it is not listed in the prohibited list, this Court is of the opinion that ends of justice would be met if respondent No.2 is directed to consider the application dated 03.11.2023 for conversion of the subject property from agriculture to non-agriculture purpose, within a period of four (4) weeks from the date of receipt of a copy of this order. If the subject property is not eligible for conversion from agricultural to non-agricultural purposes, respondent No.2 shall pass a reasoned order and communicate the decision to the petitioners. 7 With the above observations this Writ petition is disposecl of. No order as to costs. As a sequel, the miscellaneous petirions pending, if any, shall stand closed. //TRUE COPYI/ SD/-P.PADMANABHA REDDY TANT REGISTRAR ^'f: / SECTION OFFICER 1 The Principal Secretary, Revenue Department. Secretariat, The State of tetangana, Hyderabad I I To, I I I I // \

2. The Collector, Medchal Malkajgiri District, Keesara, Medchal Malkajgiri I 3. Revenue Divisional Officer, Keesara, Medchal Malkajgiri District. I 4. The Tahasildar, Shamirpet Mandal, Shamirpet, Medchal Malkajgiri District 5. One CC to Sri K. Mohan, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUTI

7. Two CD Copies TJ BSK It HIGH COURT DATED:0810112025 t \ ORDER WP.No.625 ot 2025 t I / -:- o 1 oP, 1r\ - s i,l 2 0 rEB 2025 t oE,sPA l (.r'dct', DISPOSING OF THE WRIT PETITION WITHOUT COSTS t+ 1oc4-r-9-5'

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