HON’BLE THE CHIEF JUSTICE, SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA WRIT APPEAL No.3 of 2008 Between: Syed Ahmed Ali Khan (died) and others. …Appellants And State of A.P., represented by its Special Chief Secretary, Revenue, Secretariat, Hyderabad and others. …Respondents JUDGMENT (per Gopalakrishna Tamada, J.) This writ appeal is directed against order dated 21st November, 2007 in WVMP.No.2532 of 2006, WVMP.No.789 of 2007 and WPMP.No.28463 of 2006 in Writ Petition No.22411 of 2006, whereby the status quo order granted on 1.11.2006 was vacated. According to the appellants, appellant No.1 (since died) was the legal heir of one Mir Basheeruddin Ali Khan Samsam-ud-dowla Samsam-I-Mulk, and that person is the owner and possessor of an extent of about Ac.252.00 in Survey No.101 situate at Kompalli Village, Qutubullapur Mandal, Ranga Reddy District. When there was a threat of dispossession or his rights were interfered with, he approached the City Civil Court and instituted O.S.No.590 of 1978 and the same was transferred to the Principal District Judge, Ranga Reddy and re-numbered as O.S.No.33 of 1993. However, the said suit was dismissed by judgment and decree dated 17.1.2000. Aggrieved by the same, appellant No.1 approached this Court and filed A.S.No.1309 of 2000. A representation was given by the GPA holder of appellant No.1 to the Collector, Ranga Reddy District on 4.5.2004 about the land in question and as the same was not considered, he approached this Court and filed Writ Petition No.9144 of 2004 and this Court disposed of the said writ petition on 24.7.2006 with a direction to the Collector, Ranga Reddy District and the other respondents therein to take all necessary steps and protect the land and further see that the land in question is not encroached upon by others. According to the appellants, when such was the situation, the Government issued G.O.Ms.No.1217 (Assignment-V) Department on 23.8.2006 alienating a part of the said land in favour of the fifth respondent and handing over the vacant possession. The said G.O. is challenged in the writ petition. So many facts are brought to the notice of this Court by the counsel for the appellant, the Special Government Pleader appearing for respondent Nos.1 to 4 and Sri E. Manohar, Senior Counsel appearing for the fifth respondent. In the backdrop of the said factual scenario, this Court is of the view that the learned Single Judge is justified in vacating the impugned order passed on 1.11.2006 and it may not be proper in the interest of all the parties concerned to give any finding on these aspects having regard to the fact that the writ petition is pending adjudication and similarly the first appeal i.e. A.S.No.1309 of 2000 is also pending. If a finding is given, this way or the other, it would definitely affect the interests of the parties. The land that is alienated in favour of the fifth respondent in terms of G.O.Ms.No.1217, dt.23.8.2006 is only an extent of Ac.20.00 and the total extent as claimed by the appellant is about Ac.252.00. It is suffice if we safeguard the interest of the balance Ac.232.00, and the Special Government Pleader has fairly submitted that they would not alienate any land from out of the said extent of Ac.232.00. Further, in the light of the undertaking given by the fifth respondent before the learned Single Judge that it will not plead equities in the event of the appellants succeeding in the first appeal pending before this Court and it will hand over the vacant possession of the land in “as is where is” condition, this Court is of the view that the interests of the appellants are very well protected. The contentions put-forth by the learned counsel for the appellants can as well be agitated before the learned Single Judge and we are sure, the learned Single Judge would appreciate the same and pass appropriate orders in accordance with law. Accordingly, this writ appeal is disposed of at the stage of admission in the lines indicated above. The status quo order granted by this Court on 31.12.2007 is vacated. ANIL R. DAVE, C.J. 7th February, 2008 GOPALAKRISHNA TAMADA, J. ARS