1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6724 OF 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.T.G.Gaikwad, advocate for the petitioners. Mr.A.S.Usmanpurkar, advocate for Respondent No.3. Mr.N.L.Jadhav, advocate for Respondent No.4. Mr.S.P.Katneshwarkar, advocate for Respondent Nos.5 and 6. Mr.K.B.Choudhari, Addl. Govt. Pleader for Respondent Nos.10 to 13. Petition dismissed against Respondent No.2 vide Court order dt.8.7.2010. Respondent Nos.1,7, 8 and 9 served. CORAM : S.V.GANGAPURWALA,J. Date : 22.08.2011. 1. Heard. 2. The petitioners impugn the order passed by the Hon'ble Minister, Govt. of Maharashtra, Revenue Department, Mantralaya, Mumbai, allowing the appeal filed by the present Respondents against the order of the Divisional Commissioner, Aurangabad, who had set aside 2 the order passed by the Deputy Collector, Land Reforms, Beed, dated 13.9.1993. 3. I have heard Mr.T.G. Gaikwad, learned counsel for the petitioners, Mr.S.P. Katneshwarkar, Mr.A.S. Usmanpurkar and Mr.N.L. Jadhav, learned counsels for Respondents. The Minister while allowing the appeal filed by the Respondents had granted liberty to the present petitioners to file appeal against the order dated 13.9.1993, passed by the Deputy Collector, Land Reforms, Beed. The appeal was allowed by the Hon'ble Minister on the ground that at the relevant time, the Commissioner did not have the jurisdiction to entertain the appeal against the order passed by the Deputy Collector, Land Reforms, Beed, U/ss. 5 and 6 of the Hyderabad Abolition of Inams and Cash Grants Act, 1954. 4. In view of the fact that at the relevant time, the Commissioner did not have the jurisdiction to try and entertain the appeal under the provisions of the Hyderabad Abolition of Inams and Cash Grants Act. No error is 3 committed by the Hon'ble Minister, while passing the impugned order. At the same time liberty is given to the petitioners to prefer appeal before the competent authority against the order of Deputy Collector, Land Reforms, Beed, dated 13.9.1993. The petitioners are at liberty to avail the said remedy. 5. The authority while considering the application for condonation of delay of appeal shall consider the time spent in prosecuting the Writ Petition and other remedies. 6. The Writ Petition as such is disposed of. No costs. (S.V.GANGAPURWALA,J.) Dt.22.08.2011. asp/office/wp6724.09 4