THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :2488 of 2009 ORDER: This case discloses as to how lack of clarity and proper care and caution would lead to several complications and pendency of the proceedings for decades without any tangible result. The 2nd respondent passed an order dated 16.05.1979 granting Occupancy Right Certificates in respect of the land, admeasuring Ac.8.30 guntas, in Survey No.31 of Asif Nagar Village and Mandal. At a very belated stage, an appeal was presented by the mother of the petitioner before the 1st respondent. Since it was not entertained, she filed W.P.No.13938 of 1988. The writ petition was disposed of on 04.09.1992, leaving it open to the petitioner therein to present an appeal and directing the 1st respondent to entertain the same. Accordingly, an appeal was filed. The appellant died during the pendency of the appeal. Since the legal representatives were not brought on record, the appeal was dismissed as abated. The petitioner approached this Court by filing W.P.No.2859 of 2000. The writ petition was dismissed, on the ground that there was failure on the part of the legal representatives. A review petition was filed stating that though the succession certificate was very much in possession of the legal representative, it could not be presented before the concerned authority. This Court disposed of the review petition through order, dated 25.10.2005, leaving it open to the petitioner to present the same before the concerned authority. However, in the concluding portion of the order, it was mentioned that the succession certificate may be filed before the original authority. When the petitioner filed the succession certificate before the 1st respondent, obviously, it was not taken note of and the file appears to have been forwarded to the 2nd respondent. It is in this context that the petitioner filed this writ petition with a prayer to direct the 1st respondent to forward the entire record to the 2nd respondent. Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent. The question of forwarding the record in the matter to the 2nd respondent would arise, if only the appeal preferred against the order dated 16.05.1979 was allowed and that order was set aside. Such an eventuality did not take place. The appeal abated, when it was pending before the 1st respondent. The effect of the succession certificate, if at all, is to be taken into account by the 1st respondent. The question of sending the record to the 2nd respondent does not arise. Therefore, the writ petition is disposed of directing that the 1st respondent shall take into account the succession certificate filed by the petitioner and pass appropriate orders thereon. There shall be no order as to costs. __________ 20.02.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :2488 of 2009 Date: 20.02.2009 JSU