Kethavath Ravi Naik v. 1. The State of Telangana

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in non-considering the Online Application and Slot Booking of the Petitioner through vide No.2400826960 dated 27.12.2024 and non-initiating to convert the agriculture land of the Petitioner to an extent of Ac.0.0750 Gts in Survey No.37lA1/1/1 , which is situated at Mohabbath Nagar Village, Maheswharam Mandal, Ranga Reddy District is illegal, arbitrary, unconstitutional and violation of Articles 14, '15,21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.4 to consider the online application through vide No.2400826960 dated 27.12.2024 and convert agriculture land of the Petitioner to an extent of Ac.0.0750 Gts in Survey No.37tA1l1t1, which is situated at Mohabbath Nagar Village, Maheswharam Mandal, Ranga Reddy District into non-agriculture land lA NO: 1 OF 2025 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.4 to consider the online application through vide No.2400826960 dated 27.12.2024 and convert agriculture land of the Petitioner to an extent of Ac.0.0750 Gts in Survey No.37lA1/1/1 , which is situated at Mohabbath Nagar Village, Maheswharam Mandal, Ranga Reddy District into non- agriculture land pending disposal of the Writ Petition Gounsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER ,G l THE HON'BL E SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.252O of 2025 ORD ER: This rvrit petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Honble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action ol the Respondent No 4 in non-considering the Online Application and Slot Booking of the Petitioner through vide No.240O82696O dated 27 '12'2024 and non-initiating to convert the agriculture land of the Petitioner to an. extent of Ac.0.0750 Gts in Survey No.37 lAl /1/ l, which is situated at Mohabbath Nagar Village, Mahesrvharam Mandal, Ranga Reddy District is illegal, arbitrary, unconstitutional and violation o[ Articles 14, 15,2l and 30O-A of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent No.4 to consider the online appiication through vide No.24OO82696O dated 27 '12 '2024 and convert agriculture land of the Petitioner to an extent of Ac'0'0750 Gts in Survey No.37 I Al / 1 I 1, which is situated at Mohabbath Nagar Village, Maheswharam Mandal, Ranga Reddy District into non-agriculture land and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances oI the case." 2 CVBR, J W.P.No.252O of 2O25

2. It is stated that the petitioner is a pattadar and possessor of agricultural land to an extent of Ac. O.O7SO guntas in Survev No.37 /Al /1/ l, situated at Mohabbath Nagar- Village, Mahesh'*,aram Mandal, Ranga Reddy District (for short, 'the sr-rbj.ect property,). It is stated that the adjacent owners, disputing the right and title, made efforts to interfere causing inconvenience to enjoy the subject property. The petitioner was constrained to institute O.S. No. I 9 of 2023 on the file of the Court of Junior Civil Judge, Maheshwaram Mandal, Ranga Reddy District. It is stated that the said Court also granted :rd interim injunction in LA.No.9B of 2023 in o's.No. 19 of 2023 clated o6-02.2024 and the said i.junction is rn operation as on the date

3. The grievance of the petitioner is that he has made an online application uide Appltcation No.2400826960 dated 27.12.2024 seeking conversion of the agricultural land for non-agricultural purposes as per the provisions of Telangana Agricultural Land (Conversior-r for Non_Agricultural purposes) Act, 2006 (for short, .the NALA Act,) and Rules made 3 CVBR, J W.P.No.252O of 2025 thereunder. It is stated that the said application has not been considered by the respondents on the ground of pendency of the suit instituted by the petitioner against the adjacent o'"vners lvho made efforts to interfere into the peaceful possession of the petitioner.

4. Learned Government pleader for the respondents submits that in view ol the pendency of the suit, the application dated 27.1,2.2024 submitted by the petitioner has not been considered for granting permission for conversion of the subject property.

5. Prima facie, it appears that the petitioner has instituted the suit against the persons who made efforts to interfere with peaceful possession of the petitioner. The suit instituted is only a suit for injunctio n simpltciter. Suits instituted for injunction does not take away right and titie in any manner. It only prevents the persons who are interfering with the suit schedule property. In view of simple pendency of the suit for injunction, the respondents cannot refuse to examine the application dated 27.12.2024 submitted by the I L I I t I CVBR, J W.P.No.252O of 2025 petitioner for conversion of the subject property from agricultural use to non-agricultural purpose, if the petitioner fulfils all the requirements of the provisions of the NALA Act.

6. Since it is stated that the petitioner has already submitted an applicatjon uid.e Application No.2400g26960 daled 27.12.2024, the respondents are directed to examine the application d.ated, 27.12.2024 submitted b_y the petitioner without being influenced by the pendency of the suit namely O.S.No.19 of 2023 arrd if the petitioner otherwise eligible, the respondents shall pass appropriate ord.ers strictly in accordance with the provisions of the NALA Act w_ithin a period of eight (OB) weeks from the date of receipt of a copy of this order. 7 . With the above observations, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. i/TRUE COPY// SD/. A. SRINIVASA REDDY ASSTSTANT REGISTRAR , SECTION OFFICER I The Principal Secretary, Revenue Department, Secretariat Building, Secretariat, T.S.,HYderabad. The Districi Collecfor, Ranga Reddy, Ranga Reddy District. fne nevenue Oivisional Ofrcer, Kahdukui Division, Ranga Reddy District' The Tahsildar, Maheshwaram Mandal, Ranga Reddy District. One CC to SRl. RAPOLU BHASKAR, Advocate [OPUC] iwo CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies \ t To,

2. 3. 4. 5. 6. w HIGH COURT DATED:2910112025 ft1 TA ( o () 1l rtB 2 a t o T C eO ORDER WP.No.2520 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \9 oW @