Samskruti College Of Pharmacy v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 755 OF 2015 Date: 07.08.2015 Between:

Samskruti College of Pharmacy Rep., by its Secretary, Ranga Reddy District. ... Appellant And The State of Telangana, rep., by its Principal Secretary, Higher Education Department, Hyderabad & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 755 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the appellant, Sri V. Ramchander Goud for respondent No.2 and Sri A. Abhishek Reddy for respondent Nos.3 and 4. None appears for respondent No.1. Sri V. Ashok Ram appearing for the appellant, at the outset, submits that in view of the order, dated 29.07.2015, passed by this Court in W.A.No.725 of 2015, he has instructions not to press this appeal on merits and he confined his challenge only to the part of order, whereby learned Single Judge while disposing of the writ petition filed by the appellant dismissed it with costs of Rs.5,000/-.

We have perused the relevant observations, which find place in paragraphs 20 and 21 of the impugned order. Learned Judge has recorded in paragraph 21 that a wrong information furnished by the college in its application for permission indicating the payment of Rs.81,500/- with expired demand draft, dated 06.03.2014, and covering letter, dated 06.05.2015, with a photocopy of the demand draft, dated 13.05.2015, for an amount of Rs.61,500/- seeking affiliation for the academic year 2015-16.

06.03.2014. It is not in dispute that the demand draft enclosed with the application was dated 13.05.2015 for an amount of Rs.61,500/-, which was the correct payment for seeking affiliation for the academic year 2015-16. In view thereof it cannot be stated that the appellant was going to gain anything from furnishing wrong/incorrect date and figure of the demand draft.

Keeping that in view, we allow the appeal to the extent indicated above. Accordingly, the order imposing costs of Rs.5,000/- (Rupees Five thousand only) is set aside.

Miscellaneous petitions, if any, shall stand closed. _________________________ DILIP B. BHOSALE, ACJ ________________________ SANJAY KUMAR, J Date: 07.08.2015 ES