Dismissed

Mumtaz Yarud dowla Wakf and Another v. The State of Telangana and 6 Others

Telangana HC17 Nov 2021WA/31/2020

Case brief

AI extract

What is this about?

This judgment records the withdrawal of three writ appeals challenging earlier orders. The court dismissed the appeals as withdrawn, granting liberty to raise grounds in subsequent pending writ petitions, and closed pending miscellaneous applications.

What did the court decide?

Writ appeals dismissed as withdrawn; liberty to raise grounds in subsequent pending writ petitions; pending miscellaneous applications closed.

Mumtaz Yarud dowla Wakf and Another Vs The State… — Writ and Judicial Review | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

WEDNESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE

¶3

PRESENT

¶4

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY

¶5

WRIT APPEAL NOS: 2, 6 AND 31 0F 2020

¶6

wA NO.2 0F 2020:

¶7

Writ Appeal under clause 15 of the Letters Patent preferred against the order dated 02-12-2019 in WP No. 26597 ot 2019 on the file of the High Court.

¶8

Between:

¶9

Shah Mohamed Syduddin, S/o Late S.M. Basheeruddin Aged 68 years, Occ Retired Employee Fr/o H.No.8-2-616t84, R"rd N:i1#Pffli'flllU?,"T,rri",FbNt1,

¶10

AND

¶11

'1 . Mumtaz Yarud Dowla Wakf, represented by its Secretary Mahaboob Alam Khan s/o Shaha Alam Khan aged about 72 yearc, Rlio Rahatha Kada Barkatpur, Hyderabad

¶12

Mahboob Alam Khan, S/o Shah Alam Khan Secretary of Mumtaz Yarud Dowla wa kr a ged ab o ut T 2 ve a rs' Fr/o Ra h ath a *u d t. Bx'JSlBYIa

¶13

[,Yf SiiRirorr,r o N E Rs

¶14

1. The State of Telangana, Department of Education Secretariat, Saifabad Hyderabad, rep by Prl. Secretary

¶15

The District Collector and District Magistrate, Hyderabad Telangana State

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The Commissioner and Director of School Education, Telangana, Hyderabad

¶17

The District Educational Officer, Hyderabad

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The Deputy Educational Officer, Saidabad Zone, Saidabad, Hyderabad

¶19

B. The Station House Officer, Malakpet PS, Malakpet Hyderabad

¶20

...RESPONDENTS/.RESPONDENTS

¶21

lA NO: 1 OF 2020

¶22

Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased lo suspend the order dt.211212019^passed in W.P. No.26597 of 2019^pending disposal of the above writ appeal

¶23

Counsel for the Appellant: SRI S. ASHOK ANAND KUMAR

¶24

Counsel for Respondent Nos. I & 2: SRI B. NALIN KUMAR

¶25

Counsel for Respondent Nos. 3 to 7: GP FOR EDUCATION

¶26

Counsel for Respondent No. 8: GP FOR HOME

¶27

WA NO: 6 OF 2020:

¶28

Writ Appeal under clause 15 of the Letters^{Patent filed against the order dated} 02-12-2019 in Writ Petition No. 26597 of^{2019 on the file of the High Court.}

¶29

Between:

¶30

Asafia Primary and High School Managing^{Committee,,A Societyregistered} under Societie-s Registration Act, 2001^{bearing N. 578/2009 rep by its Secretary} S.M. Hyder Mannan Malakpet, Hyderabad ...APPELLANT/3R'^pARTy

¶31

...APPELLANT/3R'^pARTy

¶32

¶33

AND

¶34

''l Mumtaz Yarud Dowra wakf, repres_e-nted by its secretary Mahaboob Aram Khan s/o Shaha Atam Khan aged abbur tzy.eaii, rlo ninitnirl;;-#k;id;, ' ' Hyderabad

¶35

Mahboob Alam Khan, s/o Shah Aram Khan secretary of Mumtaz yarud Dowra Wakfaged aboutT2 years, r/o Rahatha XaOa aliiitfiur, HyderaOaO

¶36

rhe state of reransana.D^epartment or ror""tio,lE3::lt?flliBj|:^PErrrroNERs

¶37

. LydeJebqd^{r9p tv iis Pd. S6cretary}

¶38

The District corrector and District Magistrate, Hyderabad rerangana state

¶39

The commissioner and Director of sdnoot eb uiatio. - %rr-"g;'xr.'Eii"ilouo

¶40

The District Educational Officer, HyderaGO, fefinoana

¶41

Z. Q.p'.ity^{Educationat Officer,Sai'dabaO,} HvGraOaO^"

¶42

U. I he Station House Officer,, Malakpet pS, Malaf pet Hyderabad

¶43

Shah Mohamed Saveeduddin, sld t-ate s.rrrr. ei[ii,odin agld-about 68 years, occ- Retired emorovee nyo ulr.ro.ir-zbroliia,-n6io r.r" rl,Banjara Hiils Hyderabad

¶44

,..RESPONDENTS

¶45

lA NO: 1 oF 2020

¶46

Petition under section 15i cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant leave to the petitioner society to fire writ appear against the order dt.2.12,2o1g passed in W.P. No. 26597 of 2019 on the file of this Hon,ble court

¶47

!A NO: 2 OF 2020

¶48

Petition under Section 151 cpcc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the order dr.2.12.2019 passed in W.p. No. 26597 of 20.19 pending disposar of the above writ petition

¶49

lA NO: 1 o F 2021

¶50

Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to receive the proceedings dt 18/08/2020 of District Educationar officer Hyderabad in Rc No 64210618112010 appointing Mr A R.Zafar as correspondent of the petitioner/a ppe ilant Asafia Primary and High Schools Malakpet

¶51

Counsel for the Appellant: SRt M. V. pRATAp KUMAR

¶52

Counsel for Respondent Nos. 1 & 2: SRI B. NALIN KUMAR

¶53

Counsel for Respondent Nos, 3 to 7: Gp FOR EDUCATION

¶54

Counsel for Respondent No. 8: Gp FOR HOME

¶55

Counsel for Respondent No. 9: M/s. BHARADWAJ ASSOCIATES

¶56

WA NO: 31 OF 2020

¶57

writ Appeal under crause 1 s of the Letters patent prefe,ed against the order Dated.02r12r2019, passed in wp.No. 26597 0t 2019 0n the fire of the High court.

¶58

Between:

¶59

1 Mumtaz Yarud Dowla Wakf, Represented by Hon. Secretary, Mahboob Alam Khan, S/o. Shah Alam Khan, Aged aboit 72 verrs, Cli^{'R;h;i;"ffi;;}

¶60

Barkatpura, Hyderabad.

AND

Mahboob Alam Khan. S/r

¶65

S#:.l: il#;H r;t :i* :tJs##rffi * ffi Hi Hn#rd;i ;"*

¶66

i15p,p,r;Tlt?3;fr[ri+:lrum'i#,-Jil,,,il#,.,, silffi -!,li."ii$?;:tilt?,tr]]1fu 5:i?,3sn,." 7. tvlr. Shah Mohamed "q##'iEll.E[i,"?,ffi Savr c,o oi,tiiii'Edi;;u;;,3??.11lll;f"ti3li?.ljxJ?l:"d:lx.""rs, Ased Major,

¶67

IA NO: 10F2020 ...RESPONDENTS

¶68

Petition under Section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay a, further proceedings pursuant to the judgmen I daled 02t1212019 in w.p.No . 26s97 of 2019 pending disposar of the above Writ Appear in the interest of justice

¶69

Counsel for the Appeltants: SRI B. NALIN KUMAR

¶70

Counsel for Respondent Nos. 1 to 5: Gp FOR EDUCATION

¶71

Counsel for Respondent No. 6: Gp FOR HOME

¶72

Counsel for Respondent No. 7: M/s. BHARADWAJ ASSOCIATES

¶73

The Court delivered the foilowing: COMMON JUOGMENT

¶74

=::==:--a

¶75

I /

¶76

THE HON'BLE THE CHIEF J CE SATISH C HANDRA SHARMA AND T EH ,BL s JU CE A. REDDY

¶77

\tr/.A.Nos.^o 6andB 1of 2020

¶78

COMM ON JUDGMENT i (Pet th. Hon'ble thc Chief Justie Sahsh Chotdr.l st(tnna)

¶79

The present writ appears are arising out of the order dated 02.12.2019 passed in W.p.No.2659Z of 2019.

¶80

The learned Single Judge, while passing the aforesaid order, has set aside the proceedings d,ated,22.rL.2019 and has remanded the matter back to respondqnt No.4 therein to pass a fresh order. A fresh order has been passed subsequently by the District Educational Officer, Hyderabad, d.aLed, 1 4. 07 .2O2 l .

¶81

Undisputedly, the fresh order is again under challenge in W.P.Nos.25128 and 25134 of 2021. The said wrir peritions have been filed by the present appellants in W.A.Nos.2 and 6 of 2O2O.

¶82

Learned counsel appearing for the appellants have stated before this court that the present writ appeals ma1.be permitted to be li,ithdrawn with a liberty to the present appellants to raise all the grounds raised in the present writ appeals belbre the learned Single Judge.

¶83

In the light of the aforesaid, the present writ appeals are dismissed as withdrawn with liberty to raise all the grounds in the pending writ petitions which have been liled subsequent to passing of the order dated, l4.OZ ,2021 .

¶84

Pending miscellaneous applications, if any, shall stand

closed

To,

,TRUE COPY//

SD/.M.SANTHI VARDHANI JOINT REGISTRAR Alr'

¶89

SECTION OFFICER

¶90

One CC to Sri S Ashok Anand Kumar Advocate tOpUCl 2. One CC to Sri B Nalin Kumar, Advocare (OFU-C)-'

¶91

/,u

¶92

Two CCs to GP For Home, High Court for the State of Telangana. [OUT] 4. Two CCs to GP For Education, High Court for the State of Telangana. [OUT] 5. One CC to Sri M. V. Pratap Kumar, Advocate^(OPUC) o. One CC to M/s. Bharadwa.j Associate, Advocate^(OPUC) 7. Two CD Copies a One Spare Copy MBC

\ ;b*--

HIGH COURT

DATED: 1711112021

1 l{E 14
(
r)c g 7 DEC202t

¶97

COMMON JUDGMENT

¶98

WA NOS: 2, 6 AND 31^{OF 2020}

¶99

DISMISSING THE WRIT APPEALS^{AS WITHDRAWN,}

¶100

WITHOUT COSTS

Mumtaz Yarud dowla Wakf and Another v. The State of Telangana and 6 Others

Case brief

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Mumtaz Yarud dowla Wakf and Another v. The State of Telangana and 6 Others

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