Md. Sohail Ahmed Vs The State of Telangana and 3… — Writ and Judicial Review | Telangana HC (2025)

Md. Sohail Ahmed Vs The State of Telangana and 3… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the writ petition was closed without adjudication. The petitioner retains liberty to challenge the proceedings if the three-children disqualification condition is applied subsequently in future. There shall be no order as to costs; miscellaneous applications, if any, pending in the writ petition shall stand closed.

Issue for consideration

Whether the action of respondent No.3 in issuing show cause notice dated 07-12-2019 vide proceedings No. P1/39/2019 is illegal and arbitrary. +1 more

Court's answer

As no interim order had been granted by this Court, respondent No.3 had filed a counter affidavit on 20-01-2020, and the petitioner's period as MPTC member had expired, the Court was of the opinion that no further orders were necessary in the present writ petition.

Ratio / Principle

The writ petition is closed; however, the petitioner is at liberty to challenge the proceedings if the same condition is applied subsequently in future.

Detailed headnote1 paragraphs

Telangana HC (Special Original Jurisdiction), single-judge order of Smt. Justice T. Madhavi Devi dated 16-07-2025 on WP No.28607 of 2019 (Md. Sohail Ahmed v. State of Telangana & Ors.). The petitioner, an MPTC member, challenged as illegal and arbitrary the Show Cause Notice No. P1/39/2019 dated 07-12-2019 issued by respondent No.3 (CEO, Zilla Praja Parishad, KB Asifabad District) and served on 20-12-2019, asking him to show cause why he should not be declared disqualified for having three children; an interim application under Section 151 CPC had sought a stay. Finding that no interim order had been granted, that respondent No.3 had filed a counter affidavit on 20-01-2020, and that the petitioner's term as MPTC member had expired, the Court held no further orders necessary and closed the writ petition without costs, reserving the petitioner's liberty to challenge the proceedings if the same condition is applied in future; miscellaneous applications, if any, stand closed.

[^321e ]

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

WEDNESDAY,^{THE SIXTEENTH DAY OF JULY} TWO THOUSAND^{AfuD TWENryFIVE}

PRESENT

THE HONOURABLE^{SMT JUSTICE T.MADHAVIDEVI}

WRIT PETITION^{NO:2860 7 0F 2019}

Between:

Aoricutture Md.SohailAhmed,Wo.Sri.Md.RaisAhmed,Aged4Syears'occup?tion.ano rvrpru,"nyJ.^{'i,;i ffih;ilr, sirpui rown-s04299,K.B. Asifabad} District, old Adilabad^District.

...PETITIONER

AND

I The State of Telangana,^{Rep. by its Principal Secretaryto the Departmentof} Pancahayat Raj^{an-d Rural Development,Secretariat'Hyderaoao'}

2 The Collector, Kumram^{Bheem Asifabad District'}

3 The Chief Executive^{Officer, Zilla Praja Parishad, KB Asifabad District'}

4 SvedKhizerHussain,s/o.LateS.SafdarHussain,Agedabout5oyg-ars' #;;;ii;;. C;;G;i.i^{Fv;. onooitrronata, sirpur rown-5042se'KB} Asifabad District.

...RESPONDENTS

Petition under Article^{226 of the Constitution of lndiapraying that in the} circumstancesStatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue a writ,^{order or direction, ffore particularly a writ of Mandamus} declaring the actions^{of the offi'c'ral respondents by issuing Show Cause Notice No'} P1t3gt2o1g. dated^{07-12-2019served on petitioner dated 20-12-2019by 3rd} respondent, are^{illegal' arbitrary, ultra vires, null and void' against the statute'in} violation of^{principles of natural justice and in violationof the fundamentaland} constitutional^{rights of the petitioner,in the interest of justice and equity'}

lA NO:^'l OF 2019

Petition under Section 151 CPC^praying thatⁱⁿ the^{circumstances statedin} the affidavit filed in support of the^{writ petition,the High Courtinay be pleased to} ,stay^{all further proceedings in furtheranceof Show Cause Notice No. P1/39/2019,} dated 07-12-2019 served on^petitioner dated 20-12-2019 by^3'd respondent in respect of membership of the^petitioner till the disposal^{of the writ} petition in the interest of justice and equity.

Counsel for the Petitioner: SRI MOHAMMED RAHAIL AHMED

Counsel for the Respondent Nos.1 and 2: GP FOR PANCHAYAT^{RAJ RURAL} DEVELOPMENT

Counsel for the Respondent No.3: SRI K. PRADEEP REDDY, SC FOR GRAM PANCHAYAT

Counsel for the Respondent No.4:---

The Court made the following: ORDER

THE^{HON'BLE SMT. JUSTICET' MADIIAVI DE1II} WRTT^{PETITION No.28607 of20L9}

ORDER:

ThisWritPetitionisfrledchallengingtheactionofthe3.a respondent^{in issuing show cause notice dated 07 '12'2019 vide} f t proceedings^{No'P1/39/2019'as illegal and arbitrary'}

Heard the^{learned counsel forthe petitioner,learned} and the^{learnedStanding} Government^{Pleader for Panchayatraj} counsel^{appearing for respondent No'3'}

The 3"r^{respondentissued show cause noticedated} O7.l2.2f/lg^{asking the petitioner to show cause as to whyhe} should^{not be declaredas disqualifred for having three children'}

This Court^{finds that there was no interirn order granted by} this Court.^{RespondentNo'3 frled counter alfrdavit on 20 'Ol '2O2O '} It seems^{that the period for which the petitiloner wasMPTCmember} has also^{expired. ln the said circumstances'this Court is of the} opinion^{that no furtherorders are necessary in the present writ} petitlon.

Accordinglv,^{the Writ Petition isclosed. However,the} petitioner is^{at liberty to challengethe proceedings' iithe same}

2

condition is applied subsequently in future. There shall be no order as to costs.

Miscellaneous applications, if any, pending in ttris Writ

Petition, shall stand closed.

sD/. L.VIJAYA LAXMI AS6l\ T NT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1 2^{. One CC to Sri MohammedRahaitAhmed_ AdvocatetOpUCl} . Two ccs to GP for Panch.ayat Ral Rurar Deveropmeni-High bourt for the State_of Telangana, at Hyderabad iOUI 3. One CC to Sri G. Narender Reddy,-SC f6r Gram panchayat[OpUC] 4. Two CD Copies TJ TKS

HIGH COURT

DATED:1610712025

ORDER

WP.No.28607 of 2019

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CLOSING THE WRIT PETITION

WITHOUT COSTS