✦ High Court of India · 28 Feb 2025

High Court · 2025

Case Details High Court of India · 28 Feb 2025
Court
High Court of India
Decided
28 Feb 2025
Bench
Not available
Length
1,012 words

Petition under Article 226 of lie constltution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueaWrit,orderorDirectionmoreparticularlyoneinthenatureof writ of Mandamus, declaring the inaction of the respondents in not granting NALA permission to the petitioner agricultural lands in Sy no 61/B/1/A/3 to an extent of Ac.O.17 gts situated at Chinthagattu Village' Hasanpar:thy Mandal' Hanumakonda District after receipt of the requisite payment paid by the petitioner vide treasury challa no 0200568375 and receipt Nq AA 9175948 dated0lt20l2020withqutconsideringtherepresentationdated24.lo.2024nol granting NALA permission, is highly illegal, arbitrary and against the principles gf nafuraIjusticeandalsovio{ativeofArticlesl4,lg'21and300-AofConstitution oflndiaandconsequentlydirecttherespondentstograntNALApermissionto the petitioner by corrsidering the representation dated 24.10.202t in the interest of justice. lA NO:1 OF 2025 Petition unde' Section 151 CPC praying that in the circunrstances stated in the affidavit file{ in support of the petition, the High court mav be pleased !o Direct the respondents to grant NALA permission to the petitioner agriculttlral lands in Sy no. 6'1/t3/1/A/3 to an extent of Ac.0.17 gts situated ;lt Chinthagaltu Village, Hasanparthrr Mandal, Hanumakonda District by consideritlg the rPqqlqitq feq paid by the petilioner vide treasury challan no, 02Q0568375 and recgipt No. AA 9175948 dale.d 0112012Q20 and alqo representation dated 24.10.2024., pending disposal of nain lvrit petition. Cgunsel for the Petitioner: SR! AJAY KUMAR MADISETTY Counsel for the Respondents; AqP FOR REVENUE The Court made the following: ORPEF I i i I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PEIITION No.6O3O of 2O25 OR"DER: This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following relief "-..-to i.ssue a Wit, Order or Dtrection more particularlg one in the nature of Wnt of Mandamus declanng the inaction of the respondents in not granting NALA permission to tLte petitioner agialtural lands in SU.No.61/B/ 1/A/3 to an ertent of Ac.0.17 gts situoted at Chinthagattu Village, Hasanparthg Manda\ Hanumakonda Distict afier receipt of the requkite pagment paid bg the petitioner uide treasury challa No.020O568375 and receipt No.AA 9175948 dated O1/2O/2O2O tuithout con-sidering tLe represefltation dated 24.1O.2024 not granting NALA pennission is highlg illegal, arbitrary and ogain st the pinciples of natural justice and al.so uiolatiue of Articles 14, 19, 2.1 and 300A of Constitution of Indio and consequentlg direct the respond-ents to grant NALA permission to the petitioner bg cortsideing the representation dated 24. 1O.2 024 in the interest of justice... ."

2. Considered the submissions of the learned counsel for the respective parties and perused the record. It is stated that the petitioner is the owner and possessor of

3. agriculture land to an extent of Ac.0. 17 guntas in Sy.No.61lB/ 1/A/3 situated at Chinthagattu Village, Hasanparthy Mandal, Hanumakonda District, and the revenue authorities have issued pattadar passbooks in her favour vide Khata No.6O220. It is further stated that the petitioner has 2 submitted a-r application, dated 20.Ol.2O2O uide' Receipt No.AA9 17948 lbr conversion of the lands from agrir'ulture to non-agricultur e purpose under the provisions of the '-'elangana Agricultural land (Conversion for Non-agricultural Purpcses) Act, 2006 (for shor'l. 'NALA Act, 2006') and after receipt o1 the said application, respondent No.3 has issued notice uide Rc.No.L/ 1918,t'2O2O, dated 12.08.2020 directing the pel.itioner to pay an amount. of Rs.61,170/- towards conversion cherges and accordingly, s,he paid the said amount into treasury vide Treasury ChalLlan No.0200568375 dated 25.09.2020, but the respondents have not granted NALA permission. The grievance of the petitionr:r is that she has submitted representat ion dated

24.10 .2024 rr:questing to grant NALA perm ission which is pending from 2020, but no action has been taken by the respondents ti I date.

4. Learned Assistant Government Pleader for Revenue appearing for the respondents submitted that initially when the application ha s been submitted by the petitioner, the Revenue Divisional Offi,:er was the competent authority for con..,ersion of the agriculturt lands to non-agriculture purpose, but irr terms of the amended provisions of the Telangana Rights in l.,ald and Y'r' 3 Pattadar Passbooks Act, 2O2O (for short "the ROR Act,2O2O"l, the Tahsildar is conferred with the power of entertaining application for conversion of agriculture lands to non-agriculture purpose.

5. In view of the above, this Court deems it appropriate to dispose of this writ petition directing respondent No.4 to consider the application submitted by the petitioner for granting permission under the provisions of the NALA Act, 2O06, and if the petitioner is found not eligible, pass a reasoned order within a period of two (2) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner

6. With the above observations, this Writ Petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// S D/.K. SREE RAMA MURTHY EPUTY REGI SECTION OFFICER To, 1 The Principal Secretary, Revenue Department' Se of Telangana The District Collector, Hanumakonda District' Hanumakonda tariat, Hyderabad' State Divisional Officer, Hanumakonda Division' Hanumakonda 2 3. Tfe Rev Districl

4. The Tahsildar, Hasanpathy Mandal' Hanumakonda District 5 One CC to SRI AJAY KUMAR MADISETTY' Advocate [OPUCI 6. Two CCs to GP FOR REVENUE, High Court for the qtate of Telangana at l-lyderabad [OUT] 7. Two GD CoPies t{. 'x*l.i:'!*----*-a* *-----3 HIGH COURT DATED:2810212025 ORDER WP.No.6030 of 2025 lj. r: ; a;:r I 1 3 o /t () ) ,, 0 7 ntA Irl( 5 * \ *i:-:- r..q r,n --. .r,i\ {

6. )a a) DISPOSING OF THE WRIT PETITION, WITHOUT COSTS L( >) 1

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