PinakiChandra Ghose, CJ.

These appeals are directed against the order dated 25th March, 2011 passed by the learned Single Judge in Writ Petition No.9440 of 2002, whereby the learned Single Judge allowed the writ petition filed by the writ petitioners.

2. Writ Appeal No.1103 of 2012 has been filed by the Government of Andhra Pradesh; Writ Appeal No.1413 of 2012 has been filed by respondent Nos.35 to 40 and Writ Appeal No.149 of 2013 has been filed by respondent Nos.4 to 11 in the writ petition. For the sake of convenience, the parties herein are referred to as they are arrayed in the writ petition.

3. Brief facts leading to filing of the writ petition are that one Mohd. Amanullah and others claiming to be the legal representatives of Waris Hussain Khan, filed Writ Petition No.1928 of 1991 for a writ of mandamus declaring the action of the respondents in treating the land admeasuring Ac.4.08 guntas in Plot No.24 at erstwhile Jubilee Hills Municipality in Sy.No.403 of Shaikpet Village, now Road No.10, Banjara Hills, Hyderabad or any part thereof as evacuee property as illegal and without jurisdiction. A Division Bench of this Court disposed of the writ petition directing the District Collector, Hyderabad in his capacity as Custodian under the Administration of Evacuee Property Act, 1950 to conduct investigation and to decide whether the property was included in the immovable properties of Khurshid Ali Khan, which were declared as evacuee properties, and the District Collector shall function within the confines of Section 7 of the said Act and shall not proceed any further to determine any other right of the petitioners. Pursuant to the order of the Division Bench, Joint Collector & Deputy Custodian of Evacuee Property enquired into the matter and declared the subject property as evacuee property by order dated 27.10.1992. Against the said order, Mohd. Amanullah and two others filed an appeal before the Commissioner of Survey, Settlements and Land Records, and the same was rejected as not maintainable. Thereupon, the said Mohd. Amanullah and others filed a miscellaneous petition before the Commissioner, Appeals in the office of Chief Commissioner of Land Administration, who, by order dated 18.4.2002, dismissed the petition as not maintainable. The Commissioner, Appeals observed that the evacuee or his interested persons have failed to challenge the order issued in Notification No.5, dated 30.10.1949 declaring the evacuee properties of Khurshid Ali Khan to have vested in the Custodian, within stipulated time, and that the order passed by the Commissioner, Survey, Settlements and Land Records in the capacity as Custodian General is final and cannot be called in question in any court by way of appeal, revision or any original suit etc. Aggrieved by the same, the present writ petition has been filed by Mohammed Ibrahim and 22 others. As noted above, the Hon’ble Single Judge allowed the writ petition and the operative portion of the order under appeal reads as under:

“…………..the writ petition is allowed and consequently, the order, dated 27-10-1992 passed by the Joint Collector & Deputy Custodian of Evacuee Property, Hyderabad, and the order, dated 18-04-2002 passed by the Commissioner of Survey and Settlements, Hyderabad, are set aside, leaving it open for the respondent Nos.2 and 3 to take steps against the encroachments and for issuance of necessary revenue records with due entries including a fresh supplementary sethwar in the name of the allottee Warris Hussain Khan S/o Mashooq Yar Jung and the writ petitioners……………”

As against the said order, these writ appeals are filed by the Government of Andhra Pradesh and unofficial respondents in the writ petition.

4. Learned Advocate General appearing on behalf of the Government submits that the Hon’ble Single Judge was not correct in holding that the property in question does not belong to Khurshid Ali Khan. He submits that though Plot No.24 admeasuring Ac.4.08 guntas was in