THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4898 of 2010 ORDER: The petitioner approached the Mandal Revenue Officer, Visakhapatnam Rural with a prayer to declare its permanent occupancy rights in respect of Acs.5.00 of land in Survey No.275/1A of Adavivaram Village, Visakhapatnam Rural Mandal, Visakhapatnam District under Section 8 of the Andhra Pradesh (Andhra Area) Abolition of Inams Act, 1956. After several rounds of litigation, an order came to be passed on 09.06.2006 in its favour. Aggrieved thereby, Sri Varaha Lakshmi Narasimha Swamyvari Devasthanam, respondent No.2 herein, preferred an appeal before the Revenue Divisional Officer, Visakhapatnam, respondent No.3 herein. There was delay of 983 days in presenting the appeal. The grievance of the petitioner is that respondent No.3 numbered the appeal without giving any notice to it, in the context of condonation of delay. Heard the learned counsel for the petitioner, the learned Government Pleader for Endowments and the learned Standing Counsel for respondent No.2. The petitioner is under the impression that the delay in presentation of the appeal by respondent No.2 was condoned without notice to it. It formed this opinion on the ground that the appeal was numbered as 129 of 2010. However, there is nothing on record to disclose that respondent No.3 applied his mind to the application filed for condonation of delay. Though, in many cases, an appeal presented with an application for condonation of delay is numbered only after the delay is condoned, instances are not lacking where the appeal is numbered, pending adjudication of the application for condonation of delay. Even now, respondent No.3 can be required to take up the application for condonation of delay, before he hears the appeal on merits. Hence, the writ petition is disposed of, directing that respondent No.3 shall take up the application filed by respondent No.2 for condonation of delay, before he takes up Appeal No.129 of 2010 for hearing on merits. The hearing of the application for condonation of delay as well as the appeal shall be expedited, since the matter is pending for a long time. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt: 22.04.2010. Note: Issue cc in one week. (B/o) kdl