THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1085 of 2009 ORAL ORDER: This writ petition is filed seeking Writ of Prohibition prohibiting the second respondent from embarking on any enquiry in Appeal No.F/1824/2008 filed by fourth respondent assailing correctness or otherwise of the order of third respondent in Proceedings Rc. C.No.590/04 dated 17.3.2005 as arbitrary, illegal, without jurisdiction and hit by Articles 14 and 300-A of the Constitution of India. It appears, in pursuance of the remand order passed by the Commissioner of Appeals, office of Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad in proceedings R.P.No.VI/405/94 dated 16.11.1999, third respondent passed the following order vide Proceedings Rc. C.No.590/04 dated 17.3.2005: “In view of the above facts, I hereby order that Ryotwari Pattas be issued for (I) Survey No.322/7 for an extent of Acs.0-56 cents and Survey No.322/11 for an extent of Acs.0-55 cents in favour of 1. Kota Subba Rao S/o Seshaiah 2. Kota Satyanarayana S/o Seshaiah; (II) Sy.No.365/2 for an extent of Acs.2-19 cents in favour of 1. Telanakula Venkata Narayana S/o China Narasimhulu and 2.Somisetti Venkata Subbaiah S/o Peda Subbaiah and (III) Survey No.365/3 for an extent of Acs.2-10 cents in favour of 1. Kota Subba Rao S/o Seshaiah 2. Kota Venkata Prasada Rao S/o Subba Rao; 3. Kota Venkata Prabhakara Rao S/o Subba Rao and 4.Telanakula Narasimha Rao S/o late Venkata Swamy.” Aggrieved thereby, fifth respondent filed appeal before the second respondent under Section 7 of Inams Abolition Act (Andhra Area), 1956 (for short ‘the Act’) the Act. The said appeal was numbered as Inam Appeal No.F/1824/2008 and an interim order was passed on 22.12.2008 staying the order of the third respondent dated 17.3.2005. In fact, after receiving notices, petitioners also filed a counter and vacate stay petition seeking to vacate the interim order passed by the second respondent dated 22.12.2008 staying the order of the third respondent dated 17.3.2005. During the pendency of the said appeal and vacate stay petition, the present writ petition is filed challenging the very entertaining of appeal by the second respondent on the ground that second respondent has no jurisdiction to entertain the appeal and further the appeal was filed with a delay of more than three years and no application was filed seeking condonation of the said delay. Be that as it may, the fact remains that the Commissioner of Appeals, Hyderabad remanded the matter to the third respondent vide order dated 16.11.1999 for conducting a detailed enquiry as per the procedure laid under the Act. In view of the same, third respondent conducted a detailed enquiry and passed order dated 17.3.2005 ordering ryotwari pattas to be issued in favour of petitioners. Aggrieved thereby, fourth respondent-Temple filed appeal before the second respondent along with stay application under the provisions of the Act. The second respondent, entertained the appeal under the Act and passed order dated 22.12.2008 staying the order passed by the third respondent dated 17.3.2005. Therefore, it cannot be said that the second respondent has no power or jurisdiction to entertain the appeal. Moreover, in the said appeal, petitioners filed counter and an application seeking to vacate the said interim order. Before it could be decided, petitioners approached this Court seeking Writ of Prohibition. Under those circumstances and for the reasons recorded above, the second respondent is directed to dispose of the appeal bearing Rc.F/1824/2008 along with vacate stay application within a period of four weeks from the date of receipt of this order, after hearing all the parties concerned. It is needless to mention that the interim order passed on 22.12.2008 stands vacated. However, the second respondent shall take all the objections raised by the petitioners including jurisdiction, delay in filing appeal etc. and decide the matter on merits. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 5.11.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1085 of 2009 5.11.2009 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1085 of 2009 Date: 5th November, 2009 Between: Telanakula Venkata Narayana Rao and others. .. Petitioners And Government of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others. .. Respondents