Dismissed¶46

Md. Arif Hussain v. The State of Telangana

Telangana HC6 Jan 2025WP/22932/2024

Case brief

AI extract

What is this about?

Withdrawal of writ petition before hearing; Article 226 mandamus challenging suspension order dated 03/08/2024 issued by District Collector (Panchayat Wing), Peddapalli against a suspended Mandal Panchayat Officer (Panchayat Raj & Rural Development respondents, Telangana); interim application under Section 151 CPC to suspend the suspension order pending disposal; dismissed as withdrawn without costs on permission sought by counsel's letter dated 02.01.2025; no adjudication on merits; no cases cited; single-judge bench (Pulla Karthik J.), decision dated 06-01-2025.

What did the court decide?

Leave to withdraw the writ petition was granted; the writ petition stands dismissed as withdrawn with no order as to costs, and miscellaneous petitions pending, if any, stand closed. No substantive adjudication of the challenge to the suspension order.

Md. Arif Hussain Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the suspension order dated 03/08/2024 issued by the 3rd respondent (Proceedings No. A1/112912024-Pts) placing the petitioner, a Mandal Panchayat Officer, under suspension is arbitrary, illegal and passed without application of mind, warranting its being set aside and the petitioner's reinstatement into service. +1 more

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Ratio / Principle

Permission was accorded to the petitioner to withdraw Writ Petition No. 22932 of 2024, pursuant to the letter dated 02.01.2025 addressed by learned counsel Sri T.P. Acharya to the Registrar (Judicial).

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Key takeaways

The Writ Petition is dismissed as withdrawn, with no order as to costs.ratio¶28-29
All miscellaneous petitions pending, if any, shall stand closed.ratio¶30-31

Detailed headnote1 paragraphs

Writ Petition No. 22932 of 2024, High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), Pulla Karthik J., 06.01.2025: The petitioner, Md. Arif Hussain, a Mandal Panchayat Officer (under suspension) at Manthani, Peddapalli District, had filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to declare his suspension order dated 03/08/2024, issued by the 3rd respondent (District Collector (Panchayat Wing), Peddapalli), arbitrary, illegal and without application of mind, and to direct his reinstatement into service by setting aside the said suspension order; he also filed an interim application (I.A. No. 10F 24) under Section 151 CPC seeking suspension of the suspension order pending disposal of the writ petition. Before any adjudication, learned counsel for the petitioner, Sri T.P. Acharya, addressed a letter dated 02.01.2025 to the Registrar (Judicial) seeking leave to withdraw the petition; the Court accorded permission and dismissed the writ petition as withdrawn, making no order as to costs, and directed that miscellaneous petitions pending, if any, stand closed. The merits of the challenge to the suspension were not decided.

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[³³⁰¹ ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI^{JUSTICEPULLA KARTHIK}

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WRIT PETITION NO: 22932 OF 2024

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Between:

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Md. Arif Hussain, S/o lVd.^{Ankush, Aged42 Years, workingas Mandal Panchayat} Officer (under suspension),^{Manthani, Peddapalli District, T.S.}

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.....PETITIONER

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AND

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The State of Telangana, Rep^{by its Principal Secretary, PanchayatRaj and} Rural Development, Secretariat,^Hyderabad.

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The Commissioner,^{Panchayat Rai and Rural Development Oepartment,} State of Telangana, Himayathnagar,^{Hyderabad- 500029.}

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The District Collector^{(Panchayat Wing), Peddapalli - 505 172, Telangana} State.

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The District Panchayat Officer,^{Peddapalli District, Peddapalli- 5O5172.}

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The Chief Executive^{Officer,Zilla Praja Parishad, Peddapalli - 5OS172-}

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.....RESPONDENTS

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Petition Under Article^{226 of the Constitution of lndia praying that in the} circurnstances stated in the^{affidavitfiled therewith, the High Court may be} pleased to issue a Writ, Order or^{Directionparticularly} a^Writ of^Mandamus declaring the suspension^{order dated.03/08/2024 issued by the 3rd respondent} in Proceedings No. 41l'1^{12912024-Pts.is arbitrary, illegal and without application} of mind and consequently^{directthe respondentsto reinstate the petitionerinto} service as Mandal Panchayat^{officer forthwith by setting asidethe suspension} Order dated .O3tOBl2O24^{issued by the 3rd respondent in ProceedingsNo.} A11112912024-Pts. in the^{interestsof justice.}

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I NO: 10F 24

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Petition^{Under Section 151 CPC praying thatin the circumstances statedin} the affidavit^{filed in supportof the petltion' the High Court may be pleasedto} suspend^{the SuspensionOrder dated : 03/08/2024 issued by the 3rd respondent} in Proceedings^{No.A1/1 1 2912024- Pts. pending disposal of writ petition'}

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Counsel^{for the Petitioner : SRIT'P'ACHARYA}

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Counsel^{for the Respondents: GP FOR SERVICES - ll}

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The Court^{made the followingORDER}

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THE HON'BLE SRI JUSTICE PULLA KARTHIK

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WRIT PETITION No.22932 OF 2024

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ORDER:

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Sri T.P.Acharya, learned counsel for the petitioner, has addressed a letter to the Registrar (Judiciall on O2.O1.2O25, seeking permission of this Court to u,ithdraw the^present Writ Petition.

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