IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 22477 of 2007 Between: Sanjay Goel S/o.Subhash Goel R/o.124 & 125, Shantiniketan colony East Marredpally, Secunderabad ..... PETITIONER AND 1 Joint Collector-I, Ranga Reddy District, at Hyderabad 2 The Revenue Divisional Officer, Ranga Reddy East Division Gosha Mahal, Hyderabad 3 The Mandal Revenue officer, Maheshwaram Mandal Ranga Reddy District 4 K.Jangaiah S/o.K.Papaiah R/o.Dabilguda village Maheshwaram Mandal Ranga Reddy District 5 K.Prabhakar S/o.K.Papaiah R/o.Dabilguda village Maheshwaram Mandal Ranga Reddy District 6 V.Shamantakamani w/o.Venkata Narayana, D/o.Hanumantha Rao R/o. Hindupur Anantapur District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari or any other appropriate writ and quash the order of the 1st respondent in Case No.F1/2946/2007 and Case No.F1/2827 of 2007 dated 1.10.2007. Counsel for the Petitioner: MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following Order: This writ petition is filed assailing the order of the first respondent-Joint Collector, dated 01-09-2007, setting aside the Occupancy Rights Certificate issued by the 2nd respondent-Revenue Divisional Officer, in favour of the petitioner in respect of the land in question. Brief facts of the case are as follows: The land admeasuring Acs.3.27 gts in Sy.No.42 situated in Dabilguda village, Maheshwaram Mandal, Ranga Reddy District was Inam land and stood in the name of late Raja Narsing Raj. After his demise, his wife Seethamma became inamdar and after her death, the sixth respondent succeeded to the said property. While the matter stood thus, on the basis of an unregistered sale deed executed by Seethamma (mother of the sixth respondent) in the year 1975, respondents 4 and 5 made applications before the second respondent for grant of occupancy rights certificate over the inam land. By order dated 18-06-2005, the second respondent-Revenue Divisional Officer granted occupancy rights certificate in favour of respondents 4 and 5 to the inam land. The sixth respondent made an application before the second respondent- Revenue Divisional Officer for grant of occupancy rights certificate and obtained the same vide proceedings dated 11-04-2007. Thereafter, the third respondent-Mandal Revenue Officer mutated her name in the revenue records and issued pattadar pass books in her favour. Subsequently, another occupancy rights certificate was issued in favour of the sixth respondent vide proceedings dated 30-06-2007 for the very same inam land. The petitioner purchased the property from the sixth respondent (inamdar) under a registered sale deed bearing No.6068/2007 dated 11-04-2007. Both the petitioner and respondents 4 and 5 were issued occupancy rights certificates in respect of the very same land. As against the issuance of occupancy rights certificate to respondents 4 and 5, petitioner preferred an appeal and cross-appeal was also preferred by respondents 4 and 5. The appellate authority set aside the occupancy rights certificate dated 30- 06-2007 issued in favour of the petitioner holding that while the occupancy rights certificates granted in favour of respondents 4 and 5 was in operation, another occupancy rights certificate cannot be issued to the petitioner. Hence the writ petition. Learned counsel for the petitioner submits that while disposing of the appeals (one filed by petitioner and the other filed by respondents 4 and 5), the appellate authority, without going into the merits of the case, passed a cryptic order, which has to be set aside, and the matter has to be reconsidered afresh. Learned senior counsel representing respondents 4 and 5 submits that since earlier occupancy rights certificate was granted on 18-06-2005, the other certificate granted to the petitioner on 30-06- 2007 has no basis. It is necessary to note that the impugned order dated 01-09- 2007 is a cryptic order, which reads as under: “The Revenue Divisional Officer, has granted occupancy rights certificate in File No.J/3134/2004 dated 18-06-2005 to an extent of Acs.3.27 gts in Sy.No.42 in favour of Sri J.Jangaiah and Prabhaker S/o Papaiah. Subsequently, another occupancy rights certificate was issued vide No.J/545/2007 dated 30-06-2007 in the same survey number 42 measuring Acs.3.27 gts situated Debilguda village, Maheshwaram Mandal in favour of Smt V.Shamantakamani. When the earlier occupancy rights certificate was still operational issuance of occupancy rights certificate subsequently in respect of the same land is not in order. Without going into merits of the earlier occupancy rights certificate, on the ground that once occupancy rights certificate is issued, in respect of the same land another occupancy rights certificate cannot be issued, the occupancy rights certificate issued in File No.J/545/2007 dated 30-06-2007 is hereby set aside. The interim orders issued vide No.F1/2827/2007 dated 3330-06-2007 is hereby vacated.” The impugned order is cryptic and is bereft of reasons. Though it is not necessary that the appellate order should be elaborate, it must nevertheless be a reasoned order revealing application of mind by the appellate authority to the several contentions raised in the grounds of appeal. Since the order of the appellate authority is cryptic and is bereft of reasons, it is accordingly quashed. The appeals are remitted to the first respondent-appellate authority, who shall reconsider the appeals (one filed by the petitioner and the other filed by respondents 4 and 5), after taking into consideration all the objections raised by both the parties including the question of delay, shall dispose of the appeals and pass appropriate orders thereon, as expeditiously as possible. With the above observation, the writ petition is disposed of. ________________ N.V.RAMANA,J Dt:25-06-2008 usd To 1 The Joint Collector-I, Ranga Reddy District, at Hyderabad 2 The Revenue Divisional Officer, Ranga Reddy East Division Gosha Mahal, Hyderabad 3 The Mandal Revenue officer, Maheshwaram Mandal, Ranga Reddy District. 4 Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.