HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.19514 of 2025

ORDER

It is stated that the petitioner is the lease holder of the land admeasuring 1210 square yards in Sy.No.161/aam/9/5 situated at Gangapadu Village, Chandrugonda Mandal, Bhadradri – Kothagudem District vide document bearing No.6615 of 2022 executed by respondent No.5, who is the absolute owner of the said property for the purpose of establishing a retail outlet by the petitioner from the Indian Oil Corporation Limited, Warangal. It is stated that the Indian Oil Corporation having satisfied with all the documents including the registered lease deed executed by respondent No.5 submitted by the petitioner has granted permission for running of petrol/diesel Kisan Seva Kendra Outlet at Ganugupadu Village, Chandrugonda Mandal, Bhadradri – Kothagudem District. The grievance of the petitioner is that the petitioner through respondent No.5 has made an application vide No. 2500060258 dated 04.02.2025 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 application is complied with the requirements of provisions of Telangana Agricultural Land (Conversion for non-

agricultural purposes) Act, 2006, the respondents 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 Land (Conversion for non-agricultural purposes) Act, 2006 (for short “the Act”).

Hence, this Writ Petition.

2. Considered the submissions of Sri S. Madan Mohan Rao, learned counsel for the petitioner and Sri L. Ravinder, 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 carefully examined the provisions of the Act. Section 2 (l) of the Act defines “occupier”, which includes (i) Any person for the time being paying or liable 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(m) defines 'Owner', which includes any person for 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 charitable purpose, rent or profits for the agricultural land or for the structure constructed on such land and includes in respect of the lands that 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 land is vested in the local authority and used for any non-agricultural purpose deriving income there from.

4. A conjoint reading of the definitions contained in Sections 2(l) and 2(m) of the Act makes it evident that any person who is entitled to receive rent or profits 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. In the present case, the petitioner is a lessee of the subject land under a registered lease deed, while respondent No.5 is the pattadar and executant of the said lease deed. Therefore, when examined in the light of Sections 2(l) and 2(m), the petitioner squarely falls within the definition of an “occupier/owner” and is thus entitled to seek conversion of the subject land for non-agricultural purposes, namely, establishment of a retail petrol/diesel outlet.

5. It is also relevant to note that as per TM-33 of the Circular Instructions issued by the Chief Commissioner of Land Administration in Proceedings No.1/2024 dated 28.02.2024, even after conversion, upon expiry of the lease peri