The Telangana High Court dismissed a writ petition seeking directions for implementing Section 30 of the Persons with Disabilities Act, 1995. The court held that the petition no longer survives as the impugned Act had been repealed.
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 FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION NO.3 0504 0F 2010
Between:
Network of persons with disabilities Organizations, Rep.by its President M. 9rinivasulu,S/o M.Pentoji, President Head Office at 16-11-31O1'14l5i18, tMalakept Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ol 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 or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents herein i) in not implementing Section 30 of Persons with disabilities (equal opportunities, protection of rights and full participation Act, 1995 is illegal, arbitrary, violative of Article 14,16,21 and 21 (A) of the Constitutional of India ii) Declaring the inaction of the respondents in not considering the representations made by the petitioners Organization dt. 1 1 -10-2010 as illegal, arbitrary and violation of Principles of naturaljustice and violation of Protection of rights of disabled children. iii) lt is also prayed that this Hon'ble Court may be pleased to direct the respondent No.7 herein to initiate Civil and Departmental disciplinary proceedings against the erring and neglecting responsible persons for violating the Section 30 of the Act and submitting the action report before the Hon'ble court consequentially it is also prayed that this Hon'ble Court may be pleased to directing the Respondents herein to strictly implement the section 30 of the Act forthwith.
l.A. NO: 1 OF 201O(WPMP. NO: 38846 OF 2010)
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 constitute an expert committee consisting of prominent social activist, disable, professionals and human rights judge constituted under the human rights act of 1993.
Counsel for the Petitioner: SRI V. RAGHUNATH
Counsel forthe Respondent Nos. 1 to 7:
SRI A. SANJEEV KUMAR, SPECIAL GOVERNMENT PLEADER FOR THE ADDITIONAL ADVOCATE GENERAL
Counsel forthe Respondent Nos.8 to 10: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA
The Court made the following: ORDER
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THE HON'BLE THE CHIEF WSTICE ALOK ARADHE
AND
THE HON'BLE SHRI WSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.3O5O4 of 2OLO
ORDER: (Per the Hon'ble the Chief Justice ALok Aradhe)
I
I
Mr. A.Sanjeev Kumar, learned Special Government Pleader attached to the office of learned Additional Advocate General for respondent Nos. I to 7.
in this writ petition does not survive
2
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infructuous. However,there shallbe no order as to costs.
Miscellaneous applicationspending,if any, shall stand
closed.
SD/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR
//TRUE COPY//
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SECTION OFFICER
To,
MP GJP
HIGH COURT
DATED:1411212023
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ORDER
WP.No.30504 of 2010
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
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1 issue framed by the court
Whether the writ petition challenging non-implementation of Section 30 of the Persons with Disabilities Act survives after the repeal of that Act.
Network of persons with disabilities Organizations
The Director, Disabled Welfare Department, State of Andhra Pradesh
The Chief Commissioner of persons with Disability Act, Government of India
The Secretary, Ministry of Social Justice and Empowerment, Government of India
Alok Aradhe
Anil Kumar Jukanti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
