IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8342 of 2008 Between: 1 Syed Iqbal Ali S/o. Waris Ali r/o. Jiyapally (V), Bibinagar (M), Nalgonda Dist. 2 Syed Ghouse W/o. Waris Ali r/o. Jiyapally (V), Bibinagar (M), Nalgonda Dist. 3 Syed Khadir S/o. Jahangir r/o. Jiyapally (V), Bibinagar (M), Nalgonda Dist. ..... PETITIONER(S) AND 1 Joint Collector, Nalgonda 2 Revenue Divisional Officer, Bhongir Mandal, Nalgonda District. 3 A.P.m,State Wakf Board, Haj House Nampally, Hyd. rep. by its Chief Executive Officer. .....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 to issue a writ or order or order or direction mainly in the nature of writ of /Mandamus by declaring the action of the joint Collector, Nalgonda in entertaining and numbering the appeal in file No. F2/3161/2008 filed against the Proceedings in File No. B/2526/97 dated 11.1997 of the Revenue divisional Officer, Bhongir Mandal in granting Occupancy Right Certifficate to the Petitioners, after nearly 11 years without any condone delay petiion under section 5 of Limitation Act as bad, illegal, contrary to law violative of Principles of natural justice and direct the 1st respondent to reject the appeal in File No. F2/3161/08 and pass Counsel for the Petitioner:SMT.A.ANASUYA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 8342 of 2008 Order: Questioning the action of respondent No.1, namely the Joint Collector, Nalgonda, in entertaining and numbering the appeal filed by respondent No.3-Wakf Board against the proceedings passed by respondent No.2, namely the Revenue Divisional Officer, Bhongir Mandal, Nalgonda District, in the month of November 1997, granting Occupancy Rights Certificates to the petitioners in respect of the land admeasuring Ac.9.06 guntas in Survey No. 206 of Jiyapally village, Bibi Nagar Mandal, Nalgonda District, the petitioners filed the present writ petition. The petitioners state that as against the notice issued in the appeal, they have already filed their response taking two objections – that respondent No.1 has no jurisdiction to entertain the appeal and secondly that the appeal is not supported by any condone delay petition. Since the petitioners have already submitted their response taking two objections, the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 and 2 and the learned Standing Counsel appearing on behalf of respondent No.3-Wakf Board agreed for disposal of the writ petition with the following directions: Respondent No.1, namely the Joint Collector, Nalgonda, is directed to consider the objections filed by the petitioners in the appeal and pass appropriate orders thereon in accordance with law. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 17.04.2008 Ksr/Nsr