IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF DECEMBER, TWO THOUSAND NINE PRESENT: THE HON’BLE SMT JUSTICE T. MEENA KUMARI & THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.2533 of 2005 Between: 1. Velpula Ramulu & others. … Appellants AND 1. The Chief Commissioner of Land Administration, Government of A.P. and others. … Respondents This Court made the following: THE HON’BLE SMT JUSTICE T. MEENA KUMARI & THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.2533 of 2005 JUDGMENT:- (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed against order dated 7.12.2005 in WP.No.10435 of 2005. Heard the learned counsel for the parties and perused the record. The appellants, who claims that the lands in Survey Nos.605, 606, 607, 608, 611 to 613 admeasuring Ac.33-04 guntas, devolved upon them from their forefathers, filed WP.No.10435 of 2005 feeling aggrieved by order dated 14.03.2005 passed by respondent No.1. The learned Single Judge, having taken note of the fact that that the appellants have an alternative remedy of statutory appeal to the Government of A.P., rep., by its Principal Secretary, Department of Revenue, Hyderabad, disposed of the writ petition granting liberty to the appellants either to file independent appeal against the order impugned in the writ petition or to get themselves impleaded as party respondents in the appeal already filed by Afsar Begum and Gouseunnisa Begum, within a period of fifteen days from the date of passing of the order. At the hearing, the learned counsel for the appellants strenuously contended that the order impugned in the writ petition cannot be sustained, because the property in question along with various other properties were released from the Court of Wards long back and in the several rounds of litigation launched by various parties, including the contesting respondents in the appeal, they were unsuccessful in convincing the Courts at various stages that the property continued to be in control of the Courts of Wards. The learned counsel representing their respective private respondents in this writ appeal submitted that the appellants have no title to the property and that at any rate the order of the learned Single Judge, relegating the appellants to file a statutory appeal, does not suffer from any error warranting interference of this Court by exercising its Letters Patent jurisdiction. Having considered the respective submissions of the learned counsel for the parties, we are of the considered view that the question as to whether the property in question was released from the Court of Wards prior to the passing of the order impugned in the writ petition itself, being a question of fact, the learned Single Judge rightly relegated the appellants to avail the statutory appeal under Section 6 of the Andhra Pradesh (Telangana Area) Court of Wards Act, 1350 Fasli. Therefore, we do not find any reason to entertain this writ appeal. However, as the appellants are admittedly in possession of the property in question, we are of the view that interests of justice would be met if their possession is not disturbed till the disposal of the appeal being filed by them. The appellants shall file appeal within a period of ten weeks from the date of receipt of a copy of this order. If such an appeal is filed within the said time, the same shall be entertained and decided by the Government of A.P., rep., by its Principal Secretary, Department of Revenue, Hyderabad, on merits, without raising any objection as to limitation. It is needless to observe that the above said authority shall give notice to all the interested parties including the respondents to this appeal and pass a reasoned order, within a period of four months from the date of filing of the appeal by the appellants. If the appellants fail to file the appeal within the time stipulated above, the interim order shall stand automatically vacated. Subject to the above observations, the writ appeal is disposed of. T. MEENA KUMARI, J SANJAY KUMAR, J Date: 10.12.2009 Nn THE HON’BLE SMT JUSTICE T. MEENA KUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.2533 of 2005 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 10.12.2009