Sri Nagarjuna Degree College And ... vs The State Of Telangana And 3 Others

Citation : 2022 Latest Caselaw 5384 Tel
Judgement Date : 27 October, 2022

Telangana High Court
Sri Nagarjuna Degree College And ... vs The State Of Telangana And 3 Others on 27 October, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
          THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                             AND
             THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                                   W.A.No. 702 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

        Heard Mr. Prakash Chakravarthy, learned counsel for the

appellants; Ms. Padmaja.R.N., learned Government Pleader for

Higher           Education             representing          respondent      No.1;

Mr. Ch. Jagannatha Rao, learned Standing Counsel for Osmania University representing respondents No.2 and 3; and Mr. Bankat Lal Mandhani, learned counsel for respondent No.4.

2. This writ appeal is directed against the order dated 01.08.2022 passed by the learned Single Judge dismissing W.P.No.27914 of 2022 filed by the appellants as the writ petitioners; further imposing cost of Rs.25,000/- to be paid by appellant No.2 to the Telangana State Legal Services Authority within ten days.

2.1. Learned counsel for the appellants submits that the present appeal is confined only to imposition of cost.

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3. The related writ petition was filed against the action of respondent No.2 in not extending provisional affiliation to appellant No.1-college for the academic year 2022-23.

4. Learned Single Judge did not find fault with the decision taken by respondent No.2 and therefore, dismissed the writ petition. While dismissing the writ petition, learned Single Judge noted that appellants had suppressed filing of W.P.No.14428 of 2021 and withdrawal of the same. Without seeking leave of the Court, the related writ petition was filed seeking the same relief. Therefore, the cost was imposed.

5. Learned counsel for the appellants submits that W.P.No.14428 of 2021 was filed in respect of the earlier academic year and it did not pertain to the academic year 2022-23. Therefore, question of suppression of filing W.P.No.14428 of 2021 did not arise.

6. In view of the submission made, we delete the cost of Rs.25.000/- as imposed by the learned Single Judge on the ::3::

appellants vide the order dated 01.08.2022 passed in W.P.No.27914 of 2022.

7. Order dated 01.08.2022 passed by the learned Single Judge in W.P.No.27914 of 2022 stands modified to the extent of imposition of cost on the appellants. Remaining part of the said order remains unaltered.

8. Writ appeal is accordingly disposed of. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 27.10.2022 LUR