Sapavat Yedukondalu v. The State of Telangana

Petition under Section 151 CPC praying that in the <;ircumstances stated in the afFrdavit filed in support of the petition, the High Court nray be pleased to direct the respondent No. 4 to consider the petitioner as person rlefined in section 3 (2) of the Telangana Agricultural land (conversion for non purposes) Act 2006 in considering the appllcation dated- 04-02-2025 and granting permission to convert agricultural land bearing Sy.No. 161/aam/9/5 admeasuring 110'.0'$9'.0" total extent of 1210 square yards situated Ganugapadu, Chandrugonda Mandat, Bhadradri-Kothagudem District for purpose of establishing retail outlet dealership pending disposal of the writ petition. -agricultural Counsel for the Petitioner: SRl. S MADAN MOHAN RAO Counsel forthe Respondent Nos.l to 4: SRI L. RAVINDEFI AGP FOR REVENUE Gounsel for the Respondent No.S: -- The Court made the following: ORDER HONOURABLE SRI JUSTTCE C,V. BHAST<AR REDDY ORDER: IIRIT PETITIO I{ No.19514 of 2or25 It is stated that the petitioner is the lease holder of tJle land admeasuring 1210 square yards in Sy.No.l61/aam/9/5 situated at Gangapadu Village, Chandrugonda Mandal, Bhadradri - Kothagudem District vide document bearing No.6615 of 2O22 executed by respondent No.S, who is the absolute owner of the said property for the purpose of establishing a retail outlet by the petitioner from the Indian Oil CorporaLion Limited, Warangal. It is stated t.Ilat the Indian Oil Corporation having satisf-red with aI the documents including ttre registered lease deed executed by respondent No.S submitted by the peLitioner has granted permission for running of petrol/diesel Kisan Seva Kendra Outlet at Ganugupadu Village, Chandrugonda Mandal, Bhadradri - Kothagudern District. The grievance of the petitioner is that the petitioner through respondent No.S has made an application vide No. 2500060258 dated O4.O2.2O25 for seeking conversion of the said land for non agricultural purpose to establish petrol/diesel Kisan Seva Kendra Outlet at the leased premises. Even though the said appli,cation is complied with the requirements of . provisions of Telangana Agricultural Land (Conversion for non- 2 CVBR, J w_t9s14202s agricultural purposes). Act, 2006, the respo:edents have not granted permission on one pretext or the other stating that the petitioner is not falling within the definition of owner under Section 2 (m) of Telangana Agricultural Lancl (Conversion for non-agriculfural purposes) Act, 2OO6 (for srhort .the Act,). Hence, this Writ petition.

2. Considered the submissions of Sri S. Ma.dan Mohan Rao, Iearned counsel for the. petitioner and Sri l. Flavinder, learned Assistant Government pleader for Revenue and with their consent, this writ petition is being disposed of at the admission stage.

3. This Court has carefuEy examirred the yrrovisions of the Act. Section 2 (l) of the Act defines "occupier", vrhich includes (i) Any perSon for tJ:e time being payrng or liabte to pay to the owner rent, or any portion of the rent, for the land or, for the structure constructed; (ii) A rent-free occupant. Section 2(rr.r) defines 'Owner', which includes any person fo:: the time being receiving or entitled to receive, whether on his own account, or as agent, trustee, guardian, manager or receiver, for another person, or for any religious, educational or che.ritable purpose, rent or profits for the agricultural land or ftrr the structure J CVBR" J w_19514 2025 constructed on such land and includes in respect of the lands ttrat have been leased out by the State Government or the Central Government; (i) a lessee, if the land has been leased out by the Government for any non-agricultural purpose; and (ii) a local authority, if the Iand is vested in the local authority and used for any non-agricultural purpose deriving irrcome there from.

4. A conjoint reading of the dehnitions contained in Sections 2(l) and 2(m) of the Act makes it evident that aly person who is entitled to receive rent or prohts from agricultural land or structures constructed thereon, including lands leased out by the State or Central Government, falls within the ambit of "owner." Under the provisions of the Act, such owners are entitled to apply for conversion of agricultural lands for non- agricultural purposes. [n the present case, t]re petitioner is a lessee of the subject land under a registered lease deed, while respondent No.S is tlre pattadar and executant of the said lease deed. Therefore, when examined in the light of Sections 2(1) and 2(m), the petitioner squarely falls within the definition of an 'occupier/owner" and is thus entitled to seek conversion of the 4 CVB& J w_t9sL4 2025 subject land for non-agr.icultural pui:poses, namely, establishment of a retail petrol/diesel outlet.

5. It is also relevant to note that as per TM_33 of the Circular Instnrctions issued by the Chief Comrnissioner of Land Administration in proceedings No.l/2O24 d:rted 2g.O2.2O24, after conversion, upon expiry of the lease period, if respondent No.5 desires to continue tfre nature of the land as agricultural land, he is entitled to, apply for re,:onversion of the land from non-agricultural to agriculttrra_l use under Clause (3) of TM-33.

6. In view of the a.bove legal position, and e.s it is clear that the petitioner satisfies the defmition of "occupi,:r/owneC under sections 2(t) and 2(m) of ttre Act, coupled with the fact ttrat respondent lrlo,5 has eipressty a.gree* inlthe tease deed that lhe land was leased firr the establishment of a ret.ail petrol/diesel outlet, this. Court hnds tJ"at the petitioner,s application for ts consideration. I. this Writ Petition is allowed directing the respondent Aiithorities to consider the petitioner,s application for conversion of the subject land from agric:ltural to non_ agricultural use, enabling establishment of a reLail petrol/diesel 5 CVBR, J w_19514 2025 outlet, sutl'ect to the petitioner remitting the requisite fee as prescribed under the Rules within a period of two (2) weeks from the date of receipt of a copy of this order. As a sequel, the miscellaneous pe titions pending, if any, shall stand closed. No order as to costs SD/. C. DEEPIKA SS STANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat, at Hyderabad-

2. The District Collector, Bhadradri-Kothagudem Diskict-5071 01' 3. The Joint Collector, Bhadradri-Kothagudem District-S07101 '

4.TheTahsildar,JointSub-Registrar,Chandrugondalvlandal'Bhadradri. Kothagudern District-5061 22.

5. One CCto SRl. S MADAN MOHAN RAO Advocate [OPUC] 6. Tvro CCs to GP FOR REVENUE ,High Cou( for the State of Telangana [OUI

7. Two CD Copies KKS .- PVL f{' HIGH COURT DATED:0810712025 I :..- -.- .- _\ .a'- - / .'.:' ' /':\- ll:; i?. zil sEP ?ffi ORDER WP.No.19514 of 2025 \. ,) ALLOWING THE WRIT PETITION WITHOUT COSTS ro4d w..- rftruo