( 1 ) THE petitioner seeks a Writ of mandamus directing the Tirumala-Tirupati devasthanams ( ttd for brevity) to provide alternate accommodation at anantapalli Gunta area of Tirumala Hills or any other alternate accommodation. At the outset, it is necessary to observe that the petitioner has pleaded or proved neither existing nor subsisting right nor legal entitlement to seek such mandamus. Indeed, he has not even sought for a declaration that he is entitled to seek alternative accommodation.

( 2 ) BE that as it may, when the vacate stay petition being WVMP. No. 3436 of 1999 filed by TTD was taken up for consideration, the learned Counsel for the petitioner and the learned Standing Counsel for TTD requested that the matter be finally disposed of. Hence the matter is being disposed of at the interlocutory stage.

( 3 ) THE petitioner is a tenant of Urtaradi vaishnava Moola Mutt (hereafter called the mutt ) in respect of 650 Sq. yds. of land comprised in T. S. No. 5, Ward No. 3, and block C of North Mada Street in Tirumala hills. He is running a lodge in the name and style of ayyappa Nilayam . In furtherance of a scheme to provide more wider approach roads to the temple, TTD initiated land acquisition proceedings. The mutt challenged the land acquisition proceedings before this Court by filing w. P. No. 17450 of 1990. The writ petition was dismissed on 17-2-1994. The Land acquisition Officer passed awards being award No. 1/90-91, dated 16-4-1990 and award No. 2/90-91 of even date. Under the first award, the Mutt was awarded compensation of Rs. 3,50,074/- and under the second award an amount of rs. 79. 136/- was awarded under the provisions of Land Acquisition Act, 1894 ( the Act for brevity ). Be it noted, in the land acquisition proceedings, the built up portion, which is allegedly under lease to the petitioner, was also acquired and the land and structures owned by the Mutt vested with the TTD.

( 4 ) THE petitioner herein filed another writ petition being W. P. No. 3129 of 1994 praying for a direction to the TTD to consider the representation dated 6-11-1992 seeking allotment of alternative site at anantapalli Gunta at Tirumala Hills.

( 5 ) IT is necessary in this context to refer to the resolution No. 159, dated 28-5-1992 passed by the Board of Trustees of TTD (hereafter called the Trust Board ). By the said resolution, relying on the report of the sub-committee, the Board resolved to allot alternative shops to the owners who owned shops at Park Road in the then existing shopping complex or in the proposed shopping complex near Telephone exchange. It was further resolved to construct shops near Ram Bagicha so as to accommodate shop owners of Mada Street. The sub-committee noticed that there are a large number of licensed and unlicensed hawkers on Tirumala. Among them, 376 licensed hawkers were recommended to be given further licences beyond 31-34988 and in respect of 345 unlicensed hawkers, the sub-committee recommended to give identification cards. Dealing with the re-allocation of lodges and choultries, the sub-committee recommended allotting proportionate extent of land out of 72,000 Sq. ft. of land available at Anantapalli gunta to 39 lodges and choultries. The recommendations of the sub-committee were approved.

( 6 ) IT is not denied that pursuant to the resolution No. 159, dated 28-5-1992, 39 lodges and choultries were allotted alternative sites at Anantapalli Gunta. While dismissing the writ petition filed by the Mutt being W. P. No. 17450 of 1990 on 17-2-1994, this Court held that the Mutt is entitled for alternative site as per the Trust board s resolution No. 159. This Court while disposing of W. P. No. 3129 of 1994 recorded a finding as under:"that writ petition was dismissed on 17-2-1994 holding that the petitioner therein (Uttaradhi Vyshnava Moola mutt) is entitled for alternative site as per the Board s resolution No. 159 in ananthapalli Gunta. Accordingly, a site has been allotted to the Ut