Writ petition challenging Section-8 of the Provincial Insolvency Act, 1920 was dismissed due to non-appearance of the petitioner. The petition was struck down without costs.
Writ petition dismissed for non-appearance; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 25493 OF 2002
Between:
Mohd. Rafeeq Ahmed, S/o. Late Mohd Sarwar, Aged 48 years, R/o. 18-B, Anjuman Complex, Bakaranr, Hyderabad. ...pETlTloNER
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring Section-8 of the Provincial lnsolvency Act, 1920 (AclV of 1920) as arbitrary, ultra virus, u nconstitutional and struck down the same.
f.A. NO: 1 OF 2002(WPMP. NO: 32196 OF 20021
Petrtion under Section 15'l CPC praying that in the circumstances stated in the affldavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in l.P.No.21 of 2001 on the file of the Additional Judge, City Small Causes Court, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V.V.N NARASIMHAM (not present)
Counsel for the Respondent Nos.1&2: SRI G.PRAVEEN KUMAR, DEPUTY
SOLICITOR GENERAL OF INDIA
Counsel for the Respondent Nos.3&4: SRI M.ROOPENDER, GP FOR HOME The court made the following: ORDER
.I'I IIJ H()N'BLE'f TIE CI-IIEII ILTSI'ICE I.]ITAL i]I It]"'AI\J
AND
.lIrE !TON'BLESRI IUSTICEC.V.BHASK S]BI.DLI'
W.P.No.25493 of 2002
ORDEB, // - r,c i lt t'lt/t tlc Chiy' lari* Ltijal Bhry.t )
Nonc rppears for thc pedrioncr or) . rli rhougir
N{r.(l.Pr:u.cen I(urrar, Iearned Dcpury So[citor Gen,rnrl oI India is
prcsent frrr res rondcnts No.1 aod 2 and Mr. M.Rooper',dc-, icarned (love rnnrent l)leader lor Home is prcsent for. respr,ndcnts No.3
ancl.1
\X/rit l)erition is thercfore dismissed for n, rn- pr, rs ecudor-r. No
CC)S IS.
As a sc qucl, miscellaneous petitions, pr'nciin11 r I an1,, stand
disrmsseJ
\
"'fs{iEtXRio'1tfi[ //rRUE coPY// sEcnoN &i,".
To, 1 2 8ffi 33 l l Sfi'JyJl$AE$?yl\XAH1'AI""S?tf !T#il'* GENERALoF +';t t'Slitf,.tu3A,totR'GP FoR HoME'Hrsh courtror the state of Telan€ana [OUTI 4 Two CD)oPies KKS BS
o?
HIGH COUF:T
DATED:221' 212022
ORDER
WP.No.25493 of 2002
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DISMISSING OF THE WRIT PETITION FOR NON.PIl()SECUTION WITHOUT C,)STS
(rf' .9-6'
1 issue framed by the court
Whether the Petitioner is entitled to a Writ of Mandamus declaring Section-8 of the Provincial Insolvency Act, 1920 as arbitrary and unconstitutional.
2 provisions across 2 enactments
Mohd. Rafeeq Ahmed
The Union of India
The Government of Andhra Pradesh
Ujjal Bhuyan
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
