Partly allowed

Sri Nagarjuna Degree College and another v. The State of Telangana and 3 others

Telangana HC27 Oct 2022WA/702/2022

Case brief

AI extract

What is this about?

, Schrift Appeal in which the High Court quashed an order imposing costs of Rs. 25,000 on appellants. The Court modified the impugned order to delete the cost imposition, holding that the deletion was warranted based on the appellants' submission regarding the nature of the earlier filed petition.

What did the court decide?

Cost of Rs. 25,000 imposed on Appellant No. 2 was deleted. The order of the Single Judge was modified to the extent of the cost imposition.

Sri Nagarjuna Degree College and another Vs The… — Education and Admissions | Telangana HC (2022)

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[³²⁹⁵ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT APPEAL NO: 702 OF 2022

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Writ Appeal under clause 15 of the Letters Patent Wifitpi*nl preferred against the order dated 0110812022 passed in W P No 27914 ol 2022 on the file of the High Court.

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Between:

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Sri Nagarjuna Degree College (Affiliated to Osmania University, Rep.by its Secretary/ Correspondent B.Shoba Rani, R/o H.No, 7-1-396/D, Dl1 , Dl2, Bahaloolkhanguda, Balkampet, S. R. Nagar, Hyderabad.

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B.Shoba Rani Wo B.Sudhakar, aged about 47 years, Occ. Secretary and Correspondent R/o Flat No. A-2 Jain Ashritha Apartments, S.R.Nagar, Hyderabad.

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...APPELLANTS/WRIT PETITIONERS

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AND

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The State of Telangana , Department of Higher Education, Secretariat buildings, Hyderabad rep.by its Principle Secretary

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The Osmania University, Rep.by its Vice Chancellor Administrative Buildings, Hyderabad.

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The Depug Registrar^(Academic) the Osmania University, Hyderabad

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B.Sudhakar, S/o Late B.Sammaiah, aged about 59 years, Occ. ExCorrespondent of Sri Nagarjuna Educational Academy (Registered Society) Presently residing at Flat No- 203, 2nd Floor, Nagvilla Apartment, Durga

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Bhavani Naagar Gyani Jail Singh Nagar, Film Nagar, Hyderabad. Telangana State.

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...RESPONDENTS/RESPON DENTS

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lA NO: 2 OF 2022

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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 to suspend the operation of the order in W.P.NO. 27914 ot 2022 dated 011812022 in so far as imposing costs of Rs. 25,0001 to be paid by 2nd petitioner to the Telangana State Legal Services authority pending disposal of the above Writ Appeal

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Counsel for the Appellants:SRl PRAKASH CHAKRAVARTHI

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Counsel for the Respondent 1: MS. PADMAJA.R.N. GP FOR HIGHER EDUCATION

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Counsel forthe Respondent 2 and 3: CH. JAGANNATHA RAO(SC FOR OU)

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Counsel forthe Respondent No.4: MR. BANKAT LAL MANDHANI

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The Court made the following: ORDER

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o E AI-

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AND

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THE HON'BLE SRI IUSTICE C,V.BHASKAR REDDY W.A.No.702 of 2022

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IJDGME\E, P-^{tb Hot'bhtheChieJJtttticeUljat Bhryan)}

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Fleard Mr. Prakash Cl'rakravarthy, learned counsel for the appellants; lvfs. Padmaja.RN., leamed Govemment Pleader for Ffigher Education representing respondent No.1;

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IVIr. Ch. Jagannatha Rao, leamed Standing Counsel for Osmania University representing respondents No.2 and l; and Mr. Bankat Lal lvlandhani, learned counsel for respondent No.4.

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This writ appeal is directed against the order dated 01.08.2022 passed by the leamed Single Judge dismissing V.P.No.27914 of 2022 filed by the appellants as the writ petitioners; funher imposing cost of Rs.25,000/- to be paid by appellant No.2 to the Telangana State Legal Services Authoriry within ten da1s.

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Leamed counsel for the appellants submits that the present ,r/ \ appeal is confined onlyto imposition of cost.

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The related writ petition was filed against the action of respondent No.2 in not exending provisional affiliation to appellant No. 1-college for the academi c year 2022-23.

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Learned Single Judge did not find fault with the decision taken by respondent No.2 and therefore, dismissed the writ petition. \X4ri1e dismissing the writ petition, leamed Single Judge noted that appellants had suppressed filing of W.P.No.14428 of 2O2l and withdrawal of the same. 'J7ithout seeking leave of the Court, the related writ petition was filed seeking the same relief. Therelore, the cost was imposed.

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Leamed counsel for the appellants submits that \7.P.No.14428 of 2021 was filed in respect of the earlier academic year and it did not penain to the academic yar 2022-23. Therefore, question of suppression of filing W.P.No.14428 of 2021 did not arise.

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In view of the submission made, we delete the cost of Rs.25.000/- as imposed by the leamed Single Judge on the

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appellanrc uide the order dated OL.OB.2O22 passed in V.p.No.2Z914 of zozz.

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Orderdated Ot.Og.2O22 passed bythe leamed SingleJudge in

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\X/.P.No.27914 of 2022 stands modified to rhe extent of imposition

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of cost on the appellants. Remaining pan of the said order remains

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unaltered.

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8 S7rit appeal is accordinglydisposed of. No costs.

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As a sequel, miscellaneous petitions, pending if any, stand

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closed.

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SD/.B.SATYAV HI DEPUTY REGIS AR

<br>

//TRUE COPY//

SECTION FICER

To,

1 The Principle Secretary, Department of Higher Education, Secretariat buildings, State of Telangana, Hyderabad The Vice Chancellor Administrative Buildings, Osmania University, Hyderabad.

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The Deputy Registrar (Academic) the Osmania University, Hyderabad.

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4E Two One CCs CC to to SRI MS. PADMAJA.R.N GP PRAKASH CHAKRAVARTHI FOR HIGHER Advocate EDUCATION [OPUC] ,Higl-r Court for the State of Telangana. [OUT]

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6 One CC to SRI CH. JAGANNATHA RAO(SC FOR OUXOPUC) 7 One CC to SRI MR. BANKAT LAL MANDHANI(OPUC) 8 Two CD Copies

HIGH COURT

DATED:27110t2022

JUDGMENT

WA.No.702 of 2022

STATE
,<br>$ 22 6'ri;1$[
\ . .'i,
':--, -+1 pl- _ r.
- -.: --

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS o,(tK

Sri Nagarjuna Degree College and another v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Sri Nagarjuna Degree College and another v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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