THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1143 OF 2010 DATED:02.12.2011 Between: Ch. Appa Rao and another … Appellants And The Deputy Director of Mines and Geology Government of Andhra Pradesh M.V.P. Colony, Visakhapatnam Visakhapatnam District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1143 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) Survey No.394 in Jami Village ad Mandal, Vizianagaram District, has an area of Ac. 37.45 cents. Out of this, Ac.4.99 cents was alienated to respondent No.6 for the purpose of running a college. We are told that the college has been running there since 1994. 2. Insofar as the remaining land Ac.32.46 cents is concerned, the appellants and others have been granted quarrying leases but only for small extents. 3. The appellants preferred a writ petition being W.P. No.19078 of 2008 for a declaration that the entire land is meant for quarrying and the allotment of the land to the college in 1994 is arbitrary and illegal. Apart from the fact that the writ petition was ﬁled only in 2008, i.e., after a gap of almost fourteen years, we ﬁnd that the appellants have made out no right to prevent the college from running in the area allotted to the college. 4. It is another matter that the college has also preferred a writ petition for canceling the quarry leases, but as things stand today, there is no right demonstrated before us entitling the appellants to seek closure of the college or its removal from the land allotted to them. 5. There is no merit in this writ appeal and it is accordingly dismissed. Interim application is also dismissed. ___________________ MADAN B. LOKUR, CJ ________________ SANJAY KUMAR, J 02-12-2011 bnr