M/S.Ahmed Rickshaw And Cycle Parts vs. The State Of Telangana
Facts
The petitioners, M/s. Ahmed Rickshaw and Cycle Parts and its proprietor Mohammed Ahmed, filed Writ Petition No. 11487 of 2019 before the Telangana High Court. The petition was dismissed on January 30, 2023, due to the non-appearance of their counsel, Sri M. Saleem. The petitioner, appearing as a party-in-person, submitted that he was unable to engage another counsel and requested assistance from the High Court Legal Services Committee. The Court considered these submissions and directed the High Court Legal Services Committee to provide the services of Sri D. Raghavendra Rao, a Panel Advocate, to represent the petitioner. The Registry was instructed to communicate this order to the Committee and furnish the case papers to the appointed advocate for the next hearing.
Held
The Court allowed the applications (I.A. Nos. 1 and 2 of 2023) filed by the petitioner. The dismissal order dated January 30, 2023, in W.P.No. 11487 of 2019 was set aside, and the Writ Petition was restored to file. The Court acknowledged the petitioner's submission that he was unable to engage another counsel and, therefore, directed the High Court Legal Services Committee to provide the services of Sri D. Raghavendra Rao, Panel Advocate, to assist the Court on behalf of the petitioner. The Registry was instructed to facilitate this by communicating the order and furnishing the case papers. The matter was listed for further hearing on December 12, 2023. The core reasoning was to ensure that the petitioner gets an opportunity to present his case, given his circumstances and the non-appearance of his initial counsel.
Key Issues
1. Whether the dismissal order dated 30.01.2023 in W.P.No. 11487 of 2019 should be set aside and the case restored to file, considering the petitioner's inability to engage counsel and the non-appearance of the previously engaged counsel. (Mixed question of law and fact) Contentions: Petitioner (Party-in-Person): Argued that due to financial constraints, he could not engage another counsel after his initial counsel failed to appear. He sought restoration of the case to allow him to argue his matter. He relied on the principle of natural justice and the court's inherent power to do justice. Revenue/State (Respondents): No specific arguments recorded in the judgment regarding the restoration of the case. The judgment focuses on the petitioner's plea and the court's direction for legal aid.
AI-generated summary — verify with the full judgment below
[ 3296 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUE AY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY |.A.NOS. 1 AND 2 0F 2023 IN WRIT PETITION NO: 11487 OF 2019 COMMON C.T. Between:
M/s.Ahmed Rickshaw and Cycle Parts, (Sole Proprietary Concern) GST No.36AGUPA7685B125 Rep. by its Proprietor Mohammed Ahmed, Fi/o.15-9- 21412, Maharajg u nj, Hyderabad-12, Telangana State
Mr.Mohammed Ahmed, S/o.Late lvlohammed Yousuf, Aged about 44 yea$, Occ. Business, Rl/o.15 -9-21412, tVaharaj gunj, Hyderabad-'l2, Telangana state ...pETraoNERS/pARTy rN pERsoN AND 1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, At Hyderabad
The Greater Hyderabad lvlunicipal Corporation, Rep. by its Commissioner, Having its office at Tank Bund, Hyderabad-TS
The Additional Commissioner, Health and Sanitation, Greater Hyderabad Municipal Corporation, Having its office at Tank Bund, ,rO"rr?.lL""oNDENrs lA NO: 1 OF 2023 Petition under Order 9 Rule 9 R/w. Section 151 CPC praying that in the circumstances stated in the affidavit filed in
The judgment continues below.
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