IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1363 OF 2009 Dt.25.11.2009 Between: P.V.R.S. Kumar … Appellant And The Principal Secretary to Government of Andhra Pradesh, Revenue Department, Secretariat Hyderabad and others … Respondents Counsel for the Appellant: Sri N.M. Krishnaiah Counsel for the Respondents: G.P. for Revenue THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1363 OF 2009 JUDGMENT:(per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) This Writ Appeal has been filed against order dt.28.1.2009 in Writ Petition No.28010 of 2008 whereby the learned Single Judge dismissed the Writ Petition filed by the appellant. By order dt.21.4.1993 respondent No.4 granted Occupancy Rights Certificate (ORC) in favour of one Pochani Ramulu and four others. Aggrieved by the said order, the appellant filed an appeal before the appellate authority (Joint Collector) under Section 24 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The said appeal was allowed by the Joint Collector by order dt.25.9.1995 by setting aside the order of respondent No.4 and remanding the case to him for fresh consideration. On remand, respondent No.4 confirmed his earlier order vide his order dt.18.5.1999. Questioning the said order, the appellant filed an appeal before the Joint Collector, which was dismissed by latter’s order dt.17.6.2006. It is the case of the appellant that against the said order of the Joint Collector, he has filed Writ Petition No.1761 of 2007 and the same is pending before this Court. However, simultaneously the appellant approached respondent No.4 with review applications to review his earlier order. By Memos dt.29.2.2008 respondent No.4 dismissed the review applications on the ground that the order passed by him got merged in the order passed by the appellate authority. Questioning the said orders, the appellant filed Writ Petition No.28010 of 2008, which, as noted above, was dismissed by the learned Single Judge by the order impugned in this appeal. At the hearing, Sri N.M. Krishnaiah, learned Counsel for the appellant, fairly conceded that as regards the applications filed by the appellant before respondent No.4 for review, the same were not maintainable because the order of respondent No.4 was merged in the order passed by the appellate authority. He, however, submitted that the grievance of the appellant in this appeal is confined to the observation made by the learned Single Judge that the order of the appellate authority has become final. Having heard the learned Government Pleader for Revenue, we clarify that against the order dt.17.6.2006 passed by the appellate authority the appellant filed Writ Petition No.1761 of 2007 and that the same is pending before this Court. We further make it clear that notwithstanding the order under appeal, the appellant is entitled to pursue Writ Petition No.1761 of 2007 on its own merits. Subject to the above observations, the Writ Appeal is dismissed. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 25.11.2009 bnr