IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1584 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/11/2008 in WP NO : 25321 OF 2008 on the file of the High Court.) Between: Smt. Farzana Khatoon W/o. Sri M.A. Qayuum Rep. by her GPA Holder, Sri E. Bushi Yadagiri, S/o. Sri Posham, aged 43 yrs, Occ: Business, H.No. 12-13-101, Sivaram Apartments, Tarnaka, Secunderabad. ..... APPELLANT AND 1 The Joint Collector-II Ranga Reddy District at Lakdikapul, Hyderabad. 2 The Revenue Divisional Officer, Chevella Division, at Rajendranagar, Ranga Reddy District. 3 The Deputy Collector & Tahsildar (Mandal Revenue Officer) Rajendranagar Mandal, Ranga Reddy District. 4 Sri Baddam Prabhakar Reddy S/o. Late Sri Narayan Reddy R/o. H.No. 348/A, MLA Colony, Banjara Hills, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.B.SAI RAM GOUD Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1584 of 2008 JUDGMENT: (per the HON’BLE SRI JUSTICE G.CHANDRAIAH) Heard learned counsel appearing for the appellant and learned Government Pleader for Revenue appearing for respondents 1 to 3. Aggrieved by the order, dated 19.11.2008, passed by the learned single Judge of this Court, dismissing W.P.M.P.No.33077 of 2008 in W.P.No.25321 of 2008, the present writ appeal is filed. The appellant filed the said writ petition seeking to declare the proceedings vide No.F1/4613/2007, dated 31.01.2008, issued by the Joint Collector-first respondent herein, confirming the Occupancy Rights Certificate issued by the second respondent vide No.L/3733/97, dated 21.10.2007, as illegal and arbitrary. The case of the appellant is that for certain lands referred to in the writ petition, he was figured as pattadar in the revenue records and that the fourth respondent played fraud with the authorities and obtained Occupancy Rights Certificate in respect of the lands in question. Aggrieved by the same, the appellant filed an appeal before the first respondent-the Joint Collector and the same was dismissed. Challenging the same, he filed the said writ petition. Along with the said writ petition, a miscellaneous petition in W.P.M.P.No.33077 of 2008 was also filed seeking interim suspension of proceedings of the second respondent vide No.L/3733/97, dated 21.10.1997 and the proceedings of the first respondent vide No.F1/4613/2007, dated 31.01.2008, in respect of the lands in question, pending the writ petition. The learned single Judge, however, dismissed the said W.P.M.P. with an order, dated 19.11.2008, which reads as under: “No purpose would be served by suspending the impugned order of Joint Collector, who dismissed the appeal of the petitioner on the ground that it was barred by limitation. It is, however, made clear that in case fourth respondent claims and receives compensation in the related land acquisition proceedings, the same shall be subject to result of the writ petition.” The case of the appellant is that he is the owner of the lands in question, which are acquired by the Government. Having come to know about mentioning of the name of the fourth respondent as owner/occupier of the lands in question in the draft notification issued under Section 4 of the Land Acquisition Act, published in the A.P. Gazettee, dated 02.07.2007, he preferred an appeal before the Joint Collector, by which time the fourth respondent was already granted Occupancy Rights Certificate. The said appeal was dismissed by the first respondent-the Joint Collector. Unless the validity or otherwise of the order, dated 31.01.2008, passed by the first respondent-the Joint Collector is decided, the appellant cannot get any right over the lands in question, which issue has to be decided in the main writ petition. In view of the fact that the lands in question were already acquired by the Government, if at all the appellant has any rights over the same, he would be entitled to compensation. Therefore, the learned single Judge rightly declined to grant interim suspension of the impugned order therein. In view of the facts and circumstances of the case, we do not find any reason to interfere with the impugned order passed by the learned single Judge. Accordingly, the writ appeal is dismissed. No order as to costs. However, since it is the contention of the learned counsel appearing for the appellant that if the said order passed by the first respondent-Joint Collector is not suspended, the fourth respondent is likely to get the entire compensation from the authorities concerned in respect of the lands in question, in the interest of justice and also in view of the importance of the matter, we feel it just and proper to direct the Registry to post the writ petition ‘for final hearing’, immediately after Pongal Vacation of 2009. _____________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE G.CHANDRAIAH 03rd December 2008 DR .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Joint Collector-II Ranga Reddy District at Lakdikapul, Hyderabad. 2 The Revenue Divisional Officer, Chevella Division, at Rajendranagar, Ranga Reddy District. 3 The Deputy Collector & Tahsildar (Mandal Revenue Officer) Rajendranagar Mandal, Ranga Reddy District. 4 2 CCS to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT) 5 2CD copies