THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.5971 OF 2017

ORDER:

Heard Sri K. Raghuveer Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 and perused the material available on record.

2. In spite of granting several adjournments on 11.06.2025, 09.07.2025, 06.08.2025 and 02.09.2025, the unofficial respondents did not choose to file counter denying the averments made by the writ petitioner. In view of the same, on 02.09.2025, after hearing the learned counsel for the petitioner, this Court directed the Registry to post this matter under the caption “For Orders” on 24.05.2025. Even today, there is no representation on behalf of the unofficial respondents.

3. Learned Counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the order dated 24.09.2016 in proceedings vide No.D/1483/2015 issued by respondent No.3 as illegal, arbitrary, and consequently to set aside the same.

4. Learned Counsel for the petitioner further submits that the petitioner is the owner and possessor of land admeasuring Ac.1.06 guntas in Sy No. 544, situated at Venkatapur Village, Nirmal Mandal and District. While it being so, the respondent Nos.5 to 9 have filed a petition dated 05.04.2015 before the respondent No.4 for rectification of entries in revenue records in respect of the petitioner’s land. The petitioner filed explanation to the said petition, which was not entertained by the respondent No.4 as the mutation of the above land was granted long back i.e., during the year 1977. However, the respondent No.4 vide memo dated 02.11.2015, requested respondent Nos.5 to 9 to prefer an appeal before respondent No.3. Subsequently, the respondent No.3 entertained the appeal preferred by respondent Nos.5 to 9 and passed the impugned order dated 24.09.2016 in proceedings No.D/1483/2015 by setting aside the succession granted in respect of subject land and remanded the matter to respondent No.4 to enquire into the matter and finalize the case as per merits.

5. Learned Counsel for the petitioner further submits that the petitioner’s grandfather, Sri K.Muthaiah and Sri Linga Reddy (father of respondent Nos. 5 to 9) were brothers. They have partitioned all the lands inherited by them, pursuant to which the then Tahsildar, Nirmal Mandal, ordered mutation and granted patta of the lands which fell to the share of the petitioner’s grandfather, and Form No.7 - Extract of Mutation Register dated 25.02.1977 shows that the then Tahsildar duly enquired into the matter and granted succession of the land bearing Sy.No.544 admeasuring Ac.1.06 guntas of Venkatapur Village in favour of petitioner’s adoptive father, Sri Narsa Reddy. Thereafter, the said lands were mutated in favour of the petitioner during the year 1980 as shown in Form No.7 - Extract of Mutation Register - dated 09.05.1980. Ever since, the petitioner’s name is continued in the revenue records and he is in possession and enjoyment of the subject property.

6. Learned Counsel for the petitioner further submits that the petitioner made an application to the respondent No.3 for conversion of subject property and after obtaining report from the respondent No.4, the respondent No.3 has granted permission on 11.06.2012 vide proceedings No.B/2659/2012 for conversion of the subject land for non agricultural purpose, subject to complying with the terms and conditions as per Section 5 of Andhra Pradesh Agricultural Lands (Conversion for Non Agricultural Purposes) Act, 2006 (hereinafter referred to as “the Act, 2006”), by collecting the requisite amount and thereafter, the above land ceased to be an agricultural land since the same has already been converted into non agricultural purpose. As such, the Andhra Pradesh Rights in Lands and Pattedar Passbooks Act, 1971 (hereinafter referred to as “the ROR Act, 1971) itself does not apply to non agricultural lands. Though a detailed counter as well as written