S.Dananjaya, vs The Commissioner Of Endowments
2021 Latest Caselaw 3957 AP

     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

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.

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

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