The State Of Telangana vs. Bmr College Of Education

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WA/1995/2017HC TelanganaGSTCNR HBHC01092647201724 March 2022Bench: ABHINAND KUMAR SHAVILI,SATISH CHANDRA SHARMA3 pages
For Respondent: SRl. K. RAMAKANTH REDDY
AI SummaryRemanded

Facts

This case involves a Writ Appeal filed against an order dated October 5, 2017, passed in a Writ Petition. The appellants are the State of Telangana and its departments, including the Higher Education Department, the Telangana State Council of Higher Education, and the Commissioner of School Education. The respondent in the Writ Petition, and thus the main party against whom the appeal is directed, is the MVR College of Education. Other respondents include Osmania University and the National Council for Teacher Education. The core of the dispute, as indicated by the context of a Writ Petition and subsequent appeal, likely concerns a decision or action taken by one of the authorities that affected the MVR College of Education. The specific tax period and amount in dispute are not detailed in the provided text.

Held

The Court held that the Writ Appeal had become infructuous. The learned counsel for the appellants (the State of Telangana and its departments) fairly conceded this point to the Court. Consequently, the Court disposed of the Writ Appeal as infructuous. No specific reasoning beyond the concession of the appellants' counsel is provided. The ratio decidendi is that if an appeal becomes infructuous, it will be disposed of accordingly. The operative direction was to dispose of the appeal as infructuous, with no order as to costs. Any pending miscellaneous applications were also closed.

Key Issues

The primary issue before the High Court was whether the Writ Appeal filed by the State of Telangana and its departments had become infructuous. The appellants, the State of Telangana and its departments, argued that the appeal had become infructuous. The respondent, MVR College of Education, did not present any arguments on this point as recorded in the judgment. The judgment does not explicitly frame the issue as a question of law or mixed law and fact, nor does it name specific provisions of the GST Act or other statutes that were the subject of argument. The focus appears to be on the procedural status of the appeal itself.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
WritAppealUnderClausel5oftheLettersPatentfiledagainstorderdated 05.10.2017 in W.p.No-SgSt 012017 on the file of the High Court' Between: t + l.ThestateofTelangana,,HigherEducationDepartment'Rep'byitsPrincipal Secretary, Secretariat' Hyderabad' 2. The Telingana State Cbuncil of Higher Education" Rep by its Secretary' IVlasab Tank, HYderabad. 3. The Commissioner,, School Education, Saifabad, Hyderabad ...PETITIONERS/APPELLANTS(RESPONDENTS IN WP 1,2 & 3) HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO THURSDAY .THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL NO: 1995 0F 2017 : 3872 OF 2017 BlvlR College of Education, (B.Ed), (Established by Edison Educational Society) RJp.by its Secretary Correspondent, V.Kondal Reddy' Plot/Khasara No.187/81, Plot No.1-137/1 , Gajwel, Siddipet District' ....RESPONDENT/RESPDTS(WRIT PETITIOENR IN WP) Osmania University,, Rep.by its Registrar, Hyderabad' The Convenor Admissions, (Ed-eT 2017-2018) College of Education' Osmania University Campus, Hyderabad. National Council for Teaiher Education,, Southern Regional Committee' r.,fat"rbf,rui, Jnana Bharathi Campus, OnO U9[o1 llaw School' Bangalore .,,RESPONDENTS(RESPONDENTS IN WP 4' 5 & 6) AND 1 2 3 4 WAMP. NO 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 suspendtheorderdated:O5.1O.20.17madeinW.P.No-3331012017'pending disposal of the Writ APPeal Counsel for the Appellants:ADDL. ADVOCATE GENERAL Counsel for the Respondent No. 'l: SRl. GADDAM SRINIVAS Cornt"f for the Respondent Nos' 2 & 3: SRI' CH' JAGANNATHA RAO' SC FOR OU Counsel for the Respondent No. 4: SRl. K. RAMAKANTH REDDY The Court delivered the following: THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SIIARMA THE HON'BLE Szu JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL No. 1995 of 2OL7

JUDGMENT: (Per the Hon'ble the Chief Justice Sqtish Chandra Sharrna) Learned counsel for the appellants is fair enough in informing this Court that the present writ appeal has become infructuous. The writ appeal IS accordingly disposed of as infructuous. The miscellaneous applications pending, if any, sha-ll stand closed. There shall be no order as to costs. //// M.RAMANA KRISHNA DEPUTY REGISTRAR I UV To, PM SB SECTION OFFICER '1 . The Registrar, Osmania University, Hyderabad.

2.

The Convenor Admissions, (Ed-ET 2017 -2O'18) College of Education, Osmania University Campus, Hyderabad.

3.

National Council for Teacher Education, Soulhern Regional Committee, Nagarbhavi, Jnana Bharathi Campus, Opp National Law School, Bangalore.

4.

Two CCs to Advocate General, High Court for the State of Telangana. [OUT]

5.

One CC to Sri. Gaddam Srinivas, Advocate [OPUC]

6.

One CC to Sri.Ch. Jagannatha Rao, Advocate IOPUCI

7.

One CC to Sri. K. Ramakanth Reddy, Advocate [OpUC] B. Two CD Copies.

9.

One Spare Copy /-) ? AND c HIGH COURT DATED:2410312022 JUDGMENT WA.No.1995 ol 2017 Disposing of the WP As infructuous Without costs. toPo 1l l,tri' i:;'; 'i za ti t;i" D S I,T E l-{ 1 {r. e c (J ffi

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.