Telangana High Court
Thumu Sharmila vs The State Of Telangana on 23 February, 2021
Author: P. Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.3845 of 2021
Date:23.02.2021
Between:
Thumu Sharmila w/o.Tumu Venkat Narayana,
Aged about 48 years, r/o.Kistapuram Village,
Thallada Mandal, Khammam District.
.....Petitioner
And
The State of Telangana, Rep. by its
Principal Secretary to Government,
Secretariat Buildings, Hyderabad and others.
.....Respondents
The Court made the following:
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.3845 of 2021
ORDER:
Heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue.
2. It is second round of litigation on simple issue of conversion of land treated as agricultural land for non-agricultural purpose. Petitioner claims to be the owner of small extent of land i.e. 866.66 square yards in survey.No.502 of Seetharampatnam in Paloncha Municipality having purchased the same through registered sale deed on 21.02.2008. According to petitioner, the said extent of land continuous to be reflected as agricultural land. Therefore, petitioner was required to apply for conversion though neighbours have already converted and constructed residential houses. Initially, petitioner applied to the Revenue Divisional Officer to grant conversion as required by the A.P.Lands (conversion for Non- Agricultural purpose) Act, 2006, as it was not considered, petitioner was compelled to file WP.No.21975 of 2020. By the time writ petition was taken-up for consideration, the provision of law was amended and Tahsildar is vested with powers to consider the application for conversion for non-agricultural purpose. In view thereof, writ petition was disposed of granting liberty to the petitioner to make application to Tahsildar. Petitioner submitted applications in a prescribed proforma, but in physical form and alleging non-consideration of the said application, this writ petition is filed.
3. Learned counsel for the petitioner do not dispute the fact that requirement of law i.e. to apply for conversion though online 3 web portal DHARANI and admittedly, petitioner has not made such application. However, learned counsel for the petitioner sought to contend that petitioner is unable to make application through online mode as DHARANI is not recognizing the lands standing in the registration documents as square feet area basis and therefore, she is unable to make application through online web portal.
4. If the statute requires particular procedure to be followed, it is mandatory for every one to follow the procedure and deviation of the procedure would lead to abuse of power and authority vested in the statutory authority and can result in complications to one and all. Admittedly, petitioner has not made any application through online web portal. Therefore, petitioner cannot blame respondents.
5. Though what is contended by learned counsel for petitioner may be true, but as asserted by learned counsel, his land is not converted for non-agricultural purposes, but his deed of conveyance reflects extent of land in square foot basis. Therefore, he may have to take all legal measures to ensure that her extent of land is reflected in the revenue records as agricultural land.
6. Granting liberty to the petitioner to work out her remedies as available in law and also granting liberty to make application through online web portal once again, writ petition is disposed of. It is also open to submit application to the District Collector to look into her grievance in accordance with circular instructions of the Chief Commissioner of Land Administration vide Circular No.1 of 2021, dated 15.01.2021 requesting to reflect her name in the revenue records and if such application is filed under Clause-J, 4 the District Collector shall consider the same and take decision as warranted by law within a period of six weeks from the date of receipt of such application. Pending miscellaneous petitions, if any, shall stand closed.
____________________ P. NAVEEN RAO, J Date:23.02.2021 Nvl 5 HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3845 of 2021 DATED: 23.02.2021 Nvl