MR.S.SRINIVAS REDDY v. To 1 The Collector, Nellore District, Nellore

First petitioner is a Company registered under the Companies Act, 1956. Petitioner Nos.2 to 5 purchased an extent of Acs.73.38 in various survey numbers of Gurivindapudi Village of Manubolu Mandal in Nellore District under agreements of sale for a sale consideration of Rs.66,37,600/-. They applied under the Andhra Pradesh Agricultural Lands (Conversion for Non-Agricultural Purposes) Act, 2006 (the Act, for brevity). Second respondent, who is competent under the Act, by impugned endorsement dated 06.05.2008 rejected the request of conversion in respect of Acs.47.45 on the ground that the lands are classified as Government lands. This endorsement is assailed in instant writ petition. A counter affidavit is filed. In sum and substance, it is the case of second respondent that the petitioners have not placed any material to show that it is patta/ryotwari land, and therefore, based on the entries available in Diglot Register of the Village, permission was rejected in respect of Acs.47.45. Learned Counsel for the petitioners submits that when the petitioners’ application was rejected by impugned endorsement, petitioners have obtained necessary information like adangals under the Right to Information Act, 2005, to show that the land is private patta land. Learned Assistant Government Pleader points out that as necessary material was not placed, permission was rejected. Having regard to the totality and the circumstances of the case, the matter is remitted to second respondent to consider the application of the petitioners. If for any reason permission for conversion of agricultural land into non-agricultural land is rejected on the ground that it is Government land, petitioners’ remedy is to file an appeal under the Act or to file a suit and seek for declaration. The Writ Petition is disposed of accordingly. No costs. ____________

(V.V.S.RAO, J)

05.12.2008 To 1 The Collector, Nellore District, Nellore. 2 The Sub-Collector, Nellore District, Gudur. 3 2CCs to 4 2CD copies Form-NIC-OGS/WP{KURR}