The High Court of Telangana dismissed a writ petition challenging the recovery of excess tuition fees by revenue authorities, holding the matter res judicata based on a final common order passed in earlier petitions.
The writ petition was dismissed without costs, and pending miscellaneous petitions were closed.
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)
MONDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO.2638 OF 2013
Between:
...PETITIONERS
AND
...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 an order of direction especially one in the 'Nature of Writ of mandamus declaring that action of the 2nd respondent in directing the 4th respondent to recover the alleged excess amount sanctioned by the 1st respondent towards tuition fee to the students who studied Degree courses in the petitioner college for the academic year 1998 lo 2002 by revoking the provisions of Revenue Recovery Act as illegal and arbitrary violative of article 14,1 5 & 16 of
the Constitution of lndia andissued aconsequentialdirectionsto the respondents not to enforce the letter issuedby the 2nd respondentdt:25-4-2OO8 and 4-7 -2OOB in R.C.No.A216g2t2OO6
Counsel for the Petitioners:SRI SRINIVASA RAOMADIRAJU, SENIOR COUNSEL
Counsel for the RespondentNos.1 & 6: GP FOR SOCIAL WELFARE
Counsel forthe RespondentNos.2 to 4: GP FOR REVENUE
Counsel for the RespondentNo.5:GP FOR HIGHEREDUC,ATION
The Court made the following:ORDER
J
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.2638 OF 2013
ORDER:
Heard Sri Srinivas Rao Madhiraju, tearned senior counsel appearing for the petitioners.
2 The petitioners approached the Court seeking the prayer as follows:
"To issue an order of direction especially one in the Nature of Writ of mandamus declaring that action of the 2nd respondent in directing the 4th respondent to recover the alleged excess amount sanctioned by the 1st respondent towards tuition fee to the students who studied Degree courses in the petitioner college for the academic year 1998 to 2002 by revoking the provisions of Revenue Recovery Act as illegal and arbitrary violative of article 14, t5 & 16 of the Constitution of India and issued a consequential directions to the respondents not to enforce the letter issued by the 2nd respondent dt. 25.04.2008 and O4.O7.ZOOB in R.C.No.421692/2006 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
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to be dismissed by. virtue of the common order dated 30.09.2013passed in W.P.Nos.15993, L6975, L7075, 17164, 17252, L7874, 18053, 18126, 18744, 19387, 79401,20837 of 2009 and 10881, L7BO3, 19357,19373 of 2010. Itis also brought to the notice of this Court that thejudgment dated 30.09.2013passed in the above Writ Petitionshasbecome final and therefore, thepresent W.P.No.2638 of 2013needs to be dismissed.
Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed.
SD/-P.PADMANABHA REDDY //TRUE COPY// ASSrsrujtEGrsrRAR / SECTION OFFICER
To,
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HIGH COURT
DATED:1010712023
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ORDER
WP.No.2638 of 2013
DISMISSING THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether a writ petition res judicata due to a final common order in related writ petitions.
Colour shows how this judgement treated each authority
common order dated 30.09.2013 in various Writ PetitionsDistinguished¶34
W.P.Nos.15993, L6975, etc. of 2009 and 10881, etc. of 2010
Bharath Degree College for Women
Chinta Reddy Madhusudhan Reddy Educational Society
Director, Social Welfare Department
District Collector, Hyderabad District
Revenue Divisional Officer, Hyderabad Revenue Division
Tahsildar, Himayath Nagar Mandal
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
