IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR Writ Appeal No. 906 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 05/08/2008 in Writ Petition No. 4823 of 2004 on the file of the High Court.) Between: Mohd. Waheeduddin son of Md. Ameenuddin D.No.11-33 near Bus Stand, Shamshabad, Rangareddy Dist ... APPELLANT AND 1) The Union of India represented by the National High Way Authority, Padmaraonagar, Secunderabad 2) The Chief Engineer P.W.D. (Roads and Buildings) Erram Manzil, Hyderabad 3) The District Collector, Rangareddy District, Lakdikapul, Saifabad, Hyderabad 4) The Revenue Divisional Officer, Chavella Division, Attapur Hyderabad 5) The Mandal Revenue Officer, Shamshabad Mandal, R.R.Dist 6) Chief Executive Officer, The AP. State Wakf Board, Haj House Complex, Public Gardens Road, Nampally, Hyd ...RESPONDENTS Counsel for the Appellant:MR.MOHD.GULAM RASOOL Counsel for Respondent No.1: M/S. M.V.KINI & CO. ADVOCATES & SOLICITORS Counsel for Respondent No.2: GP FOR ROADS AND BUILDINGS Counsel for Respondent Nos.3 to 5: GP FOR LAND ACQUISITION Counsel for Respondnet No.6: MR.S.M. SUBHANI The Court made the following: Judgment: (Per Shri Anil R. Dave, Chief Justice) 1. Being aggrieved by an order dated 05.8.2008 passed by the learned Single Judge in WVMP No.2108 of 2008 in Writ Petition No.4823 of 2004 whereby interim order dated 18.3.2004 passed in WPMP No.6316 of 2004 was vacated, this appeal has been filed. 2. Upon hearing the learned advocates and upon looking the impugned order, it is clear that the work with regard to widening of the National Highway was stalled for a considerable period because of interim order granted in WPMP No.6316 of 2004 and the learned Single Judge, by virtue of the impugned order, vacated the interim relief granted earlier. 3. In our opinion, the question with regard to ownership of the land in question can be agitated elsewhere or even in the petition, which had been ﬁled by the appellant. The learned Single Judge has rightly held that if it is decided in the writ petition on merits that the land in question belongs to the appellant, for the land acquired by the government, the amount of compensation shall be paid to the appellant and in that event no harm would be caused to any one. In our opinion, in the interest of public at large, interim order was rightly vacated by the learned Single Judge. 4. We do not see any substance in the appeal and the same is dismissed with no order as to costs. 5. However, looking to the facts of the case, it is directed that Writ Petition No.4823 of 2004 be notiﬁed for final hearing immediately after Pongal vacation, 2009. ANIL R. DAVE, CJ August 22, 2008 VILAS V. AFZULPURKAR, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {TRK}