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2016 DIGILAW 353 (AP)

Aditya Housing & Infrastructure Development Corp. Hyd v. Prl. Secretary, Revenue Department, Hyd

2016-07-01

A.RAJASHEKER REDDY

body2016
ORDER : 1. This writ petition is filed challenging the proceedings No. L/1555/2013-16 dated 02.01.2016 issued by the 3rd respondent imposing penalty @ 50% on conversion fee stipulated under Section 1 of Andhra Pradesh Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006 (for short ‘the Act’) by converting the agricultural lands into non-agricultural purpose and directing the petitioner to pay the conversion fee along with penalty amounting to Rs. 9,81,91,500/-. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents 1 to 3. 3. Learned counsel for the petitioner submits that though the issuance of show cause notice was mentioned in the impugned proceedings, no such notice was served on the petitioner, as such, the impugned proceedings are in violation of the principles of natural justice. 4. On the other hand, learned Government Pleader, by producing the record before the Court, submits that since the petitioner refused to receive the notice, the same was pasted on the property of the petitioner, as such, there is no violation of principles of natural justice. He further submits that as against the impugned proceedings, the petitioner has an alternative remedy of appeal under Section 8 of the Act. 5. The record produced by the learned Government Pleader would show that an attempt was made to serve notice on the petitioner, but as he refused to receive the same, the same was pasted on its property. Since alternative remedy of appeal is provided against impugned order, it is open to the petitioner to avail the same by raising all pleas. 6. Accordingly, the Writ Petition is disposed of, with liberty to the petitioner to approach the appellate authority against the order impugned, within a period of two weeks from today. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.