IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 10129 of 2009 Between: Mahaveer Nagar Welfare Association (Regd.No.5054/97) Rep.by its General Secretary P.Srinivasa Rao,S/o.Anjaiah R/o.H.No.12-2-396/A/29,mahaveernagar colony Markandeya Nagar,Karwan,Hyderabad ..... PETITIONER AND 1 Government of Andhra Pradesh, rep.by its District Collector, & District Magistrate, Hyderabad 2 The Joint Collector, Collectorate Office,Hyderabad 3 The Revenue Divisional Officer, Hyderabad Division Hyderabad 4 Mohd.Ahmadullah Khan S/o.Mohd.Kaleemullah Khan R/o.H.No.18-7-196/B/78 Amanagar,Talabkatta,Karawan,Hyderabad 5 Mohd.Noorullah Khan S/o.Mohd.Kaleemullah khan R/o.H.No.18-7-196/B/78 Amanagar,Talabkatta,Karawan,Hyderabad 6 Mohd.Azamkhan S/o.Mohd.Ghani khan R/o.H.No.16-1027/105/7/A Reddy complex, Malakpet,Hyderabad 7 Smt.Shareefa Zubeida W/o.Late Habeeb Idroot R/o.H.No.20-5-60/51/1, Quazipura, Hyderabad 8 Sri.Balaji Singh (died),rep.by its LRs (Respondents 9&10) 9 Sri.Ganesh Singh S/o.Late Balaji Singh R/o.H.No.12-2-389/1, Karwan Hyderabad 10 Sri.Anand Singh S/o.late Balaji Singh R/o.H.No.12-2-389/1, Karwan , Hyderabad .....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 order or direction more particularly one in the nature of writ of mandamus declaring the orders passed by the Respondent No.3 in Case No.B/5041/1995 dated 30.7.2003 is illegal, arbitrary, and in violation of principles of natural justice and Article 14,21 and 300A of the Constitution of India and violation of provisions of AP(TA),abolition of Inams Act, 1955 and consequently set aside the same. Counsel for the Petitioner: MR.V.V.PRABHAKARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 10129 of 2009 O R D E R: This writ petition is filed seeking A mandamus declaring the orders passed by respondent No.3 in Case No.B/5041/1995 dated 30.7.2003 as arbitrary, illegal, violative of principles of natural justice and contrary to the provisions of Articles 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the A.P. (Telangana Area) Abolition of Inams Act, 1955. It appears, in pursuance of the orders passed in W.P.No. 9070 of 2006 dated 6.4.2009, the petitioner has filed an appeal before 2nd respondent being aggrieved by the orders passed by 3rd respondent in Case No.B/5041/95 dated 30.7.2003. It is the case of the petitioner that though such an appeal is filed and an application for stay was also filed along with the same, though the appeal is taken on file, the stay petition is not disposed of. Under those circumstances, this writ petition is filed. Whereas, learned senior counsel Sri K.V. Satyanarayana, appearing for the respondents, stated that the very writ petition is not maintainable. Though the petitioner filed a statutory appeal before 2nd respondent being aggrieved by the orders passed by 3rd respondent, there was delay in filing such an appeal and until and unless the delay is condoned on its own merits, the very stay petition could not have been taken up by the appellate authority. Therefore, the appellate authority cannot be blamed for not taking up the stay petition. Be that as it may, this writ petition was filed on 13.5.2009 and an interim direction suspending the order dated 30.7.2003 was passed on 29.5.2009 and now it is more than two months that the writ petition is pending. Under those circumstances, I deem it appropriate to dispose of the writ petition directing respondent No.2 to dispose of the petition to condone the delay as well as the stay petition within a period of two months from the date of receipt of a copy of this order by giving notice to all the concerned, inviting objections if any and hearing them. Till such time, status quo as on today shall be maintained. The writ petition is accordingly disposed of with the above directions. No order as to costs. JUSTICE C.V. RAMULU. Date: 28-7-2009. MVB.