✦ High Court of India · 07 Jan 2025

High Court · 2025

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,116 words

and Branch Office at 1"t Floor, Ashoka Hi Tech Chambers, Road No.2, Banjara Hills, Hyderabad - 500 033 represented by its Managing Director, Mr. Vikas Mittal AND ...PETITIONER '1 . State of Andhra Pradesh, Represented by its Principal Secretary Department 2. State of Andhra Pradesh, Represented by its Secretary, lndustries and of lndustrial Policy and Promotion, Secretariat Buildings, Hyderabad. Commerce Department, Secretariat Buildings, Hyderabad.

3. The District Collector, Medak District, at Sangareddy 4. The Revenue Divisional Officer, Siddipet Division, Medak District 5. The Tahsildar /Mandal Revenue Officer, Wargal Mandal, Medak District ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction, or writ, more so in the nature of Writ of Mandamus or writ of any other nature- a) declaring the action of the Respondents in applying the provisions of the A.P. Agricultural Land(Conversion for Non- Agricultural Purposes) Act, 2006 in respect of petitioners land situate in Survey Nos. 2099, 2100, 2OO2 and 2003 to an extent of Ac. 75.39 guntas, situate in Wargal Village, Wargal Mandal, Medak District, being contrary to the provisions of the said Act and also being illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of lndia and also being contrary to G.O.Ms. l.lo. 9 by setting aside the aclion of the Respondents in applying the said Act in respect of the 7 petitioners lands and b) pending disposal of the above writ petition, direct the 4th respondent to issue exemption certification of conversion in view of G.O.Ms.No. 9 so as to enable the petitioner company to obtain a No Objection Certificate from the third respondent for the purpose of obtaining an Explosive License l.A. NO: 1 OF 2012(WPMP. NO; 27718 OF 2 0121 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 4th respondent to rssue exemption certification of conversion in view of G.O.Ms.No. 9 so as to enable the petitioner company to obtain a No Objection Certificate from the third respondent for the purpose of obtaining an Explosive License lA NO: 1 OF 2024 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 allow the present application and receive the additional documents on record Counsel for the Petitioner: Ms. SHIREEN SETHNA BARIA Counsel for the Respondent Nos. 1&2: GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent Nos. 3to5: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.2L622 OF 2Ol2 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following reliet "...to grant an order, direction or urit more so in the nature of Writ of Mandamus or urit of ang other nature: a. declaing the action of the Respondents in opplgtng the prouisions of the A.P. Agricultural Land. (Conuersion for Non-Agianltural Purposes) Act, 20O6 in respect of petitioner's land situated in Surueg Nos.2099, 210O, 2OO2 and 2003 to an ertent of Ac.75-39 guntas, situated in Wargal Village, Wargal Manda| Medak Di.stict, being contrary to the prouisions of tLte said Act and also being illegal, arbitrary and uiolatiue of Articles 14 and 3OO-A of the Constitution of India and also being contrary to G.O.Ms.No.9 by setting astde the action of the Respondents in applging the soid Act in respect of the petitioners lan-ds and b. pendtng disposal of the aboue urit petitiory direct the respondent No.4 to issue exemption certification of anuersion in uiew of G.O.Ms.No.9 so as to enable the petitioner companA to obtain a No Objection Certificate from the respon-d.ent No.3 for the purpose of obtaining an Erylosiue Lic.ense and c. to pass such..." 2 SK,J W.P.No.21622 ol2012

2. Heard learned counsel appearing for tl-re petitioner, learned Assistant Government pleader for Revenue and learned Assistant Government pleader for Industries and Commerce appearing for the respondents and perused the entire materia_l on record.

3. Learned Counsel appearing for the petitioner submits that the petitioner is questioning the inaction of the respondent No.3 for issuance of No Objection Certificate (NOC) for installing 1X 25 KL petroleum Class_ B HSD Vertical Tank in the factory of the petitioner. The contention of the petitioner is that the respondent_ authorities insisted for pa5rment of NALA conversion fees for granting NOC. In fact, the respondents have not passed any orders before hling of the writ petition. As per the direction in the interim orders dated 1g.07.2012, respondent-authorities granted. provisional perilission for construction of petroleum tank and the same was constructed and utilizing by the industry. In -=.7 s6.,r W.P.No.21622 of 2012 view of the same, there are no orders passed. by the respondent-authorities for granting NOC for the industry.

4. In view of the aforementioned submission, without going into the merits of the case, the writ petition is disposed of by directing the respondent No.3 to dispose of the application filed by the petitioner dated 24.O4.2OI2 within eight (8) weeks from the date of receipt of a copy of this order. Till the disposal of the said application, the interim orders granted by this Court shall stand extended. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ASSISTANT RE //TRUE COPY// \ SDIK. AMMAJI REGTSTRAR / ICER To, \ T.S.,Hyderabad. Secretariat Buildings, T.S.,Hyderabad' 't. The Principal Secretary Department of lndustrial Policy and Promotion' 2. fi;'-!!;;;i"rv, iniritri".'iio-co.nr"r"e Department, secretariat Buildings, s. fhlbiiirrct Collector, Medak District, at Sangareddy ;. ii; R;;;;;; Diriaiona I officer, S-id-di pet. Division,. Meda k District ;. iii; i;diil;;IG;alinevenue officbr, warsal Mandal' Me$k District 6. ffi bdi.-r'l.. SHiCeEtl serHruA BARIA, Adv-ocale tgPVCI - - . ;. i;; rci-to' cp roR REVENUE ,High court for the State of Telangana at D COMMERCE, High Court for the E. T'i/O CCS td GP FOR INDUSTRIES AN - State of Telangana, at Hyderabad [OUT] 9. Two CD CoPies Hvderabad IOUTI fa- BM BS HIGH COURT DATED:0710112025 ORDER WP.No.21622 ot 2012 2{ ilfi 2c5 '* )ltl -f.t ,\. I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \e- }A 2t t \gG+L\

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