IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL NO : 968 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 29/07/2002 in WP NO : 26303 OF 2008 on the file of the High Court.) Between: 1 G. Rahul, S/o. Sri Ranjith Reddy, R/o. 124, P.S. Nagar, Near Vijayanagar Nursing Home, Vijayanagar Colony, Masab Tank, Hyderabad. 2 G. Rameshwar, S/o. Sri Ranjith Reddy, R/o. 124, P.S. Nagar, Near Vijayanagar Nursing Home, Vijayanagar Colony, Masab Tank, Hyderabad. 3 G. Rajiv Reddy, S/o. Sri G. Raghava Reddy, R/o. 124, P.S. Nagar, Near Vijayanagar Nursing Home, Vijayanagar Colony, Masab Tank, Hyderabad. ..... APPELLANT(S) AND 1 Smt. S.K. Zenat Banu, D/o. Sri S.K. Jani Shaheed, R/o. 12-1-893, Asif Nagar, Hyderabad - 28. 2 Smt. Nazneen Ahmed, W/o. Sri Shaik Mohd. Nisar, R/o. 8-1-284/A/52, Shaikpet, Golconda Mandal, Hyderabad. 3 The Government of Andhra Pradesh, rep.by its Principal Secretary to the Government Revenue (UCI) Dept., secretariat,Hyderabad 4 Urban Land Ceiling Authority FAC),rep.by its Special Officer & Competent Authority,Nampally,Hyderabad 5 M/s.Osmania University Employees Co-operative Housing Society, Central Workshop, Osmania University, campus Hyderabad, rep.by its Presidnet D.K.Narayana 6 The Tahsildar, Sheikpet Mandal, Hyderabad 7 The Tahsildar, Sheikpet Mandal, Hyderabad .....RESPONDENT(S) Counsel for the Appellant:MR.S.ASHOK ANAND KUMAR Counsel for the Respondent No.: MR.C.RAGHU The Court made the following : THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL NO : 968 of 2009 JUDGMENT: (Per Justice Sri G V Seethapathy) This appeal is directed against the orders dated 23.4.2009 in W P No. 26303 of 2008 wherein the petition filed by the respondents 1 and 2 herein is disposed of granting liberty to the writ petitioners to work out their remedies to protect their alleged possession over the land by filing a suit. It is further observed that in such proceedings, the parties shall have to establish their rights through independent source, as regards title or possession and the Government orders issued in terms of G O Ms No.455 dated 29.07.2002, by themselves, do not bring any independent situation. The learned single Judge also made it clear that the alleged sale in favour of the petitioners shall stand or fall on its own strength, particularly, in the light of the proceedings of the Act.. The appellants are aggrieved over the said observations contained in the impugned order while disposing of the writ petition leaving it open to the parties to avail the remedies by way of filing a suit before the Civil Court. As seen from the impugned order, the learned Single Judge has not gone into the merits of the case and matter was disposed of leaving it open to the parties to work out their remedies by filing a suit. It is therefore not appropriate to go into the merits of the case. In view of the apprehension expressed by the parties that observations contained in the last paragraph of the impugned order, may come in the way of independent disposal of the suit, it is considered appropriate to observes that in the event of either of the parties availing the remedies by way of filing a civil suit, it is open to the Civil Court to dispose of the matter on its own merits totally uninfluenced in any manner by any of the observations contained in the impugned order dated 23.4.2009. It is also made clear that both parties are at liberty to raise all permissible contentions and objections available under law and have the matter disposed of on its own merits by the Civil Court. The appeal is accordingly disposed of. No costs. _______________ B.PRAKASH RAO,J _________________ G.V.SEETHAPATHY,J DATE: 26.08.2009 tvk THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL NO : 968 of 2009 Date: 26.08.2009