S Dananjaya vs The Commissioner Of Endowments ...
2021 Latest Caselaw 3958 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. 620 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 247 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

W.P.Nos.15138 and 16400 of 2009, so far as W.P.No.15138 of 2009 is

HCJ & NJS,J I.A.No.2 of 2021 and W.A.No.620 of 2021

concerned. The said application was filed on 24.09.2021. 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.15138 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.Nos.296 and 302 of Tirupathi Village Accounts, 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 numbers.

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.620 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.620 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. 620 of 2021

6th October, 2021 CBS