IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
I.A.No.2 of 2021
IN/AND
WRIT APPEAL No. 621 of 2021
(Taken up through video conferencing)
S. Dananjaya, S/o S.Vajravelu,
aged 52 years, D.No.7-147/29B,
Santhinagar, M.R.Palli, Tirupati,
Chittoor District, A.P. and others .... Appellants
Versus
The Commissioner of Endowments
Department, Gollapudi, Vijayawada,
A.P. and others .... Respondents
Counsel for the appellants : Mr. V.R.N. Prashant for M/s. Indus Law Firm Counsel for respondent Nos.1 and 2 : Government Pleader for Endowments Counsel for respondent Nos.3 & 6 : Government Pleader for Revenue Counsel for respondent No.4 : Government Pleader for Home Counsel for respondent Nos. 5 and : None appeared 7 to 110 ORAL JUDGMENT Dt.06.10.2021 (Per Arup Kumar Goswami, CJ) Heard Mr. V.R.N. Prashant, learned counsel for the appellants.
2. I.A.No.2 of 2021 is an application seeking leave to appeal against the common order dated 20.10.2017 passed by the learned single Judge in 2 HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.621 of 2021 W.P.Nos.15138 and 16400 of 2009, so far as W.P.No.16400 of 2009 is concerned. The said application was filed on 28.09.2021. However, there is no application for condonation of delay.
3. Mr. V.R.N. Prashant, learned counsel for the appellants, submits that the present appellants are similarly situated to the writ petitioners in W.P.No.16400 of 2009 and therefore, leave to appeal may be granted to assail the order under appeal.
4. The writ petitioners questioned the inaction of the 3rd respondent in the writ petition in acquiring the land, in which their houses were situated, in Sy.No.302 of Tirupathi Village Accounts, Ullipatteda Patamadigapally Village, Tirupathi Urban Mandal, Chittoor District, for providing house site pattas to them under the provisions of the Land Acquisition Act, 1894 as illegal and arbitrary, and also prayed for a consequential direction to the 3rd respondent to allot pattas in respect of their existing houses situated in the aforesaid survey number. The said writ petition was disposed of by the learned Single Judge.
5. On a perusal of the record, we are of the opinion that if the appellants have any grievance, they should pursue their remedy before the appropriate Court in accordance with law and therefore, it is not a fit case for grant of leave to appeal.
6. Accordingly, I.A.No.2 of 2021 and the Writ Appeal are dismissed. However, we observe that the appellants are at liberty to pursue their remedy as may be available in law, if so advised. No order as to costs. 3
HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.621 of 2021
7. As a sequel, miscellaneous applications, if any, pending shall stand disposed of.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J CBS 4 HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.621 of 2021 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA I.A.No.2 of 2021 IN/AND WRIT APPEAL No. 621 of 2021 6th October, 2021 CBS