important points
It would not be permissible for a court to examine the correctness of the earlier decision and to take a view different from what was taken in the earlier decision.
In case of a judgment in contempt proceeding where disputed questions of facts were decided, LPA would be maintainable.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in these appeals is to the order passed by a Division Bench of the Andhra Pradesh High Court disposing of four Letters Patent Appeals i.e. LPA Nos. 184 and 185 of 2002 and 33 and 34 of 2003, filed by the appellants.

2.Background facts need to be noted in brief before dealing with the rival contentions. The land in question to an extent of 24 acres 82 cents is Government land which was said to have been assigned to the respondents herein on the basis of D Form pattas. As per the terms and conditions of the pattas, whenever the land is required for any public purpose, the same can be resumed by the Government on payment of certain ex-gratia amount.

3.The concerned Executive Engineer SRBC Division, Koilakuntla is said to have sent proposals for acquiring about 24 acres 82 cents that is the land in question situated in Cherlopalli village of Owk Mandal. Accordingly, the Revenue authorities surveyed the land and arrived at the actual extent of land involved to be only 20 Acres 75 cents and the said land is Government land and therefore proposal for resumption of the land was said to have been initiated.

4.Respondents herein filed W.P. Nos. 6511 of 1999 and W.P. No. 6513 of 1999, inter alia, contending that the appellants have resumed their land without paying ex gratia amounts in terms of GOMs. No. 1307 dated 23.12.1993.

5.Learned Single Judge by common judgment and order dated 11.8.1999 in Writ Petition Nos. 6511 & 6513 of 1999 disposed of the writ petitions directing the respondents herein to make a detailed representation to the authorities within four weeks and the authorities were directed to consider the same and pass appropriate order within a period of six weeks. Subsequently, respondents herein filed Contempt Case No. 493 of 2001 and Contempt Case No. 1211 of 2001 before the High Court inter alia alleging that despite court’s order the ex-gratia payment was not made. The appellants filed detailed counter affidavits in the said contempt petitions inter alia indicating that the land in question was not resumed and out of the alleged land in question i.e. out of Acre 24.82 cents, soil was stated to have been excavated only in Acre 2.40 cents and as such they are not entitled to any ex-gratia payment in respect of the entire extent.

6.A learned Single judge of the High Court on consideration of the matter by a common order dated 11.9.2002 in the two contempt cases held that the department has resumed the land in question, exonerated the concerned officer and directed payment of ex-gratia payment in terms of GOMs. No. 1307 dated 23.12.1993 for the entire extent of the land. Appellant filed LPA Nos. 184 and 185 of 2002 before the High Court against the order passed by learned Single Judge. The other LPA No. 33 of 2003 was filed by the Commissioner of Municipality, Tuni. The third parties filed LPA No. 34 of 2003 along with a Misc. Petition seeking permission of the Court to condone delay in filing of the LPA against the order. They also filed another Misc. petition to direct the Municipality to deliver possession of the shops as per the terms and conditions of the auction. These two appeals have been filed by the functionaries of the State Government against the combined order of the High Court in the Letters Patent Appeal.

7.Stand of the appellant in these appeals is as follows :

“Primarily, it is contented that the learned Single Judge has no jurisdiction to give any direction in the manner done while dealing with the contempt petition. In any event, a learned Single Judge has no jurisdiction as his order merging to the order of Division Bench. Finally it is submitted that the LPA was not maintainable.”

8.Learned counsel for the respondents on the other hand submitted that there was clear violation of the order passed in the writ petitions and there was blatant attempt to deny the legitimate claim of the respondents herein. The land was resumed on 18.11.1998 and till now nothing has been paid