Telangana High Court
CRP/1837/2022 of M.A. Majeed and 2 others Vs M/s Blue Birds Educational Society and 11 others on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEN4BER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR CIVIL REVISION PETITION NO: 1837 OF 2022 Petition under Article 227 of lhe Constitution of lndia, Against the Order dated 22.07.2022
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEN4BERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
CIVIL REVISION PETITION NO: 1837 OF 2022
Petition under Article 227 of lhe Constitution of lndia, Against theOrder dated 22.07.2022 passed in lA No. 689 of 2022 in OS No. ['159 ]of2017 on the file of the Principal District Judge at Hanumakonda.
Between:
1. M.A. Majeed, S/o M.A. Ali, aged aboul T4 years, Occ: Business, R/o H.No.3-'1-490, Raipura, Hanmakonda, Warangal.'1-490, Raipura, Hanmakonda, Warangal.
2. M.A. Ali Zubair, S/o M-A. Majeed, aged about 40 years, Occ Business, Rl/oH.No.3-1-490, Raipura, Hanmakonda, Warangal.H.No.3-1-490, Raipura, Hanmakonda, Warangal.
3. Md. Faheemuddin, S/o Khaja Moinuddin, aged about 74 yeas, Occ Business,Rl/o H.No.2-6-106, Subedari, Hanmakonda, Warangal.Rl/o H.No.2-6-106, Subedari, Hanmakonda, Warangal.
...PETITIONERS/PETITION ERS/PLAI NTIFFS
AND
'1. Irtl/s Blue Birds Educational Society, Warangal. Rep.by its Secretary by SriMd. Yousuf, S/o Md. Abbas, aged about 73 years, Occ Business / Secretaryof M/s Blue Birds Educational Society, Rl/o H.No.14-3-21, Panjetan Street,Matwada, Warangal.Irtl/s Blue Birds Educational Society, Warangal. Rep.by its Secretary by SriMd. Yousuf, S/o Md. Abbas, aged about 73 years, Occ Business / Secretaryof M/s Blue Birds Educational Society, Rl/o H.No.14-3-21, Panjetan Street,Matwada, Warangal.
2. Md. Mujtaba, S/o Md. Yusuf, aged about 41 years, Occ Business, Rl/oH.No.14-3-21, Panjetan Street, Matwada, Warangal.H.No.14-3-21, Panjetan Street, Matwada, Warangal.
3. Md. Haroon, S/o Md. Yusuf, aged about 43 years, Occ Business, Rl/oH.No. 1 4-3-2 1, Panjetan Street, Matwada, Warangal.H.No. 1 4-3-2 1, Panjetan Street, Matwada, Warangal.
4. M/s Blue Birds Educational Society, Rep.by its President, Dr. lftekharuddin,S/o.Vajihuddin, aged about 62 years, Occ Medical Practitioner, R/o D.No.22-1-103711, Darul Shifa, Hyderabad.S/o.Vajihuddin, aged about 62 years, Occ Medical Practitioner, R/o D.No.22-1-103711, Darul Shifa, Hyderabad.
5. Dr. lftekharuddin, S/o Vajihuddin, aged about 62 [years, ]Occ MedicalPractitioner, Rr/o D.No.22-1-1 O3711 , Darul Shifa, Hyderabad.Practitioner, Rr/o D.No.22-1-1 O3711 , Darul Shifa, Hyderabad.
6. Ahmed Vigaruddin, S/o Md. Gousuddin, aged about 58 years, Occ Business,R/o Flat No.201, Rupni Apartments, Red Hills, Lakdikapul, Hyderabad.R/o Flat No.201, Rupni Apartments, Red Hills, Lakdikapul, Hyderabad.
7. Ahmeduddin Mohammed, S/o Dr. Fakruddin Mohammed, aged about 39years, Occ Business, R/o H.No.1 1-5-15217, Red Hills, Nampally, Hyderabad.years, Occ Business, R/o H.No.1 1-5-15217, Red Hills, Nampally, Hyderabad.
8. S. Abdul Jaleel, S/o S.A. Ahmed, aged about 56 [years, ]Occ: Business, R/oH.No.B, Kareem N{ohiuddin, Street NIount Road, Chennai, TamilnaduH.No.B, Kareem N{ohiuddin, Street NIount Road, Chennai, Tamilnadu
9. M.V. Rama Raj, S/o Kotam Raju, aged about 58 years, Occ Business, R/oH.No.1-20-111, 2nd Bank Colony, Dasaipet Road, Warangal.H.No.1-20-111, 2nd Bank Colony, Dasaipet Road, Warangal.
RESPONDENTS/lA PETITIONERS/DEFENDANT No.1 to 9
10. The District Minorities Welfare Officer, Subedari, Circuit House Road, besideD.S.P Bunglow, Hanmakonda, Warangal Urban.D.S.P Bunglow, Hanmakonda, Warangal Urban.
1 1 . The Secretary, Telangana Minorities Residential Educational lnstitutions(Tl\4RElS) Road No.10, Banjara Hills, Hyderabad.(Tl\4RElS) Road No.10, Banjara Hills, Hyderabad.
12. Rubeena Anjum, D/o M,A. Majeed, aged about 48 [years, ]Occ: Employee atSaudi Jizan University, Jizan, Kingdom of Saudi Arabia (K.S.A.).Saudi Jizan University, Jizan, Kingdom of Saudi Arabia (K.S.A.).
...RESPONDENTS/RESPONDENTS/DEFENDANT No.1 0 to 1 2
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased tosuspend the orders passed in l.A. No.689 of 2022 in O.S No.159 of 2017, daled22.07.2022 the Principal District Judge at Hanumakonda pending disposal of theabove C.R.P.
Counsel for the Petitioner: SRl. Y RAMA RAO AND ASSOCIATES
Counsel for the Respondent Nos.1 to 9: SRI G RAMACHANDRA REDDY
Counsel for the Respondent Nos. 10 to 12: None Appeared The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMARCIVIL REVISION PETITIoN No.1837 of 2022
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ORDER:
This Revision Petition is preferred against the order dated22.07.2022 in I.A. No.689 of 2022 in O.S. No. 159 of 2017 on thehle of Principal District Judge at Hanumakonda whereby theCourt below had appointed an Advocate Commissioner tosupervise the auction of granting lease/licence and supervisethe execution of agreement of lease of the 1st respondent society.
2. Heard Sri Y. Rama Rao, learned Counsel for the petitionerand Sri G. Ramachandra Reddy, learned Counsel appearing onbehalf of respondent Nos. I to 9 and perused the record.
3. Petitioners herein are plaintiffs in the said suit. The suitis filed for declaration with a consequential relief of injunctionfor recovery'of money and rendition of accounts. During thependency of the suit, the defendant Nos.1 to 9 Iiled I.A. No.689of 2022 for appointing an Officer/Commissioner to supervisethe procedure for granting lease/licence in auction of the lstpetitioner/ defendant societlr.
4. Thc Court below on consideration of submissions allowedthe I.A. and appointed an advocate as Officer/ Commissioner.
5. Aggrieved by the said order, the present Revision has beenpreferred by the petitioner/ respondent / plain tiff-
6. This Court, while granting interim order dated11.1I.2022, noted that the Court below could not haveappointed the Advocate Comnrissioner withollt the respondentsociet5z taking a decision to grant lease/licence, and prima faciefound that the order of the Court below in I.A. No.689 of 2022 inO.S. No. 159 of 2077 cannot be sustained and granted interimsuspension.
7 . When the above Civil Revision Petition is taken up forhearing today, learned Counsels appearing on behalf of theparties are in agreement to this Court setting aside tfre orderpassed by the Court below ir-r I.A. 1,Io.689 of 2022 and remittingthe said I.A. back to the Court belou, for consideration afresh.
8. However, having regard to the fact of the stand taken bythe respondent that there were resolutions passed by the 1strespondent society to grant lease/ licence of the premises infavour of the highest bidders, this Court is of the view thatinstead of remitting the matter back to the Court belou' for freshconsideration, the respondents can be permitted to move theCourt below afresh by placing the said documents on record.
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9 . In view of the above and considering the pima faciefincling as recorded, this Court is of the view that the impugnedorder in I.A. No.689 of 2022 in O.S. No. 159 of 2Ol7 cannot besustained.
10. Accordingly, the Civil Revision Petition is a,llowed and theimpugned order is set aside.
I 1 . However, liberty is granted to the respondent to file afresh application before the Court below enclosing therewith allthe relevant docurnents to substantiate its claim for seekingappointment of an Advocate Commissioner to supervise theauction process as directed by this Cowrt, uide order dated25.02.2021 in CRP Nos.22 and 126 of 2021.
12. Miscellaneous petitions, if any, pending in this CivilRevision Petition shall stand closed.
Sd/. A.V.S. PRASADASSISTANT REGISTRARCnSECTION OFFICER
//TRUE COPY//
To,
1 . The Principal District Judge at Hanumakonda, [Hanamkonda District]2. One CC to SRl. Y RAMA RAO [AND ]ASSOCIATES, [Advocate ]IOPUC]
3. One CC to SRl. G RAMACHANDRA [REDDY, ][Advocate ][OPUC]
4. Two CD Copies
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HIGH COURTDATED:3011212022
ORDER1t{F.i.qkCRP.No.1837 of 20221'\\t)1 6 trtAY 2123F*i11
ALLOWING THE CRP
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