(1.) By consent, this Writ Petition can be disposed off.
(2.) The learned counsel for the respective parties agree and accept that when the Divisional Commissioner, Aurangabad has decided the appeal in Case No.1994/WTN/ APP/1 filed by the present respondent No.1, in terms of the pre-amended provisions of Section 2-A of the Hyderabad Abolition of Inams and Cash Grants Act, 1954 (herein after referred to as 'the Act'), the Commissioner has no jurisdiction and the appeal against the order passed by the Deputy Collector was to be heard and decided by the State Government. In view of the same, the order passed by the Divisional Commissioner in the aforesaid appeal on 17.05.1996 is without jurisdiction. The said order passed by the Divisional Commissioner, Aurangabad came to be challenged by the petitioners herein in the Writ Petition No.2992 of 1996. This Court (Coram : R.M.Borde, J.) by judgment and order dated 03.02.2009 quashed and set aside the order passed by the Divisional Commissioner, Aurangabad, dated 17.05.1996 with a liberty to the respondent in the Writ Petition to present an appeal to the State Government.
(3.) Before that, on 31.01.2007, Section 2-A Sub Section 2-(i)(ii) of the Act came to be amended and the appeal as against the order passed by the Collector has to be challenged before the Divisional Commissioner. However, while disposing of the Writ Petition No.2992 of 1996 on 03.02.2009, this amendment was not brought to the notice of the Court, by either of the parties. Consequently, as directed by this Court in the Writ Petition No.2992 of 1996, the Hon'ble Minister despite the amendment brought to his notice, heard the matter and by order dated 19.09.2017 decided the Appeal No.2015/Pra.Kra.240/J-7.