Allowed

Shakeel Islam Khan v. The Special Court under A.P.

Telangana HC7 Feb 2014WP/22168/2013

Case brief

AI extract

What is this about?

Two-judge Bench allowed a writ petition seeking transfer of a pending Legal Representative Case to another Bench because the 2nd respondent previously handled the matter as a Special Officer under the Urban Land Ceiling Act. The Special Court was directed to dispose of the matter within six months.

What did the court decide?

LGC No.39 of 2004 and Miscellaneous Petitions heard by a Bench not comprising the 2nd respondent; Special Court disposed of matter within six months.

Shakeel Islam Khan Vs The Special Court under A.P. — Writ and Judicial Review | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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WRIT PETITION No.22168 of 2013

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ORDER: (Per the Hon’ble Sri Justice Ashutosh Mohunta)

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This writ petition is filed by the petitioner, wherein, it is averred that LGC.No.39 of 2004 which is pending on the file of 1^st respondent be transferred to any other Bench of which the 2^nd respondent is not a member because the 2^nd respondent on an earlier occasion dealt with the matter as a Special Officer under the Urban Land Ceiling Act.

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Learned counsel for the respondents however submits that the matter is still pending at the S.R., stage and the petitioner has not yet come on record as a Legal Representative of the deceased original petitioner. Therefore, there should be no change in the Bench.

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Sri Sharad Sanghi, learned counsel for some of the respondents opposed transfer of the case.

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After hearing the learned counsel for the parties, we are of the considered opinion that as the 2^nd respondent has dealt with the matter being a Special Officer of Special Court under Urban Land Ceiling Act it would not be appropriate for him to deal with this case. Resultantly it is

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ordered that LGC.No.39 of 2004 along with Miscellaneous Petitions, be heard by a Bench which does not comprise of the 2^nd respondent. As the matter is an old one, the Special Court is directed to dispose of LGC No.39 of 2004 as expeditiously as possible, preferably within six months from the date of receipt of copy of this order.

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Accordingly, the writ petition is disposed of. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

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__________________________________ JUSTICE ASHUTOSH MOHUNTA.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY. Date : 07-02-2014 Rds

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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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WRIT PETITION NO.22168 of 2013

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Date : 07-02-2014

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Rds

Shakeel Islam Khan v. The Special Court under A.P.

Case brief

What is this about?

What did the court decide?

Shakeel Islam Khan v. The Special Court under A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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