HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28645 of 2014 Date:08.10.2014 Between:
Habeeb Zain Al-Hamed, S/o Habeen Abdul Rahman . Petitioner And:
The State of Telangana, Department of Higher Education, reptd by its Principal Secretary, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri Prakash Chakravarthy Counsel for Respondent No.3: Sri A.Abhishek Reddy Counsel for Respondent Nos.1, 2 & 4: None appeared The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in awarding punishment under MP Case Rule No.6, vide proceedings No.DE/JNTUH/ACE(A)/B.Tech/ M.P.Cases/2011-12, dated 21.01.2013, against the petitioner and also in not permitting the petitioner to write the examinations despite interim order, dated 29.04.2014, passed in Writ Petition No.13050 of 2014, as illegal and arbitrary.
At the hearing, it is not disputed that the proceedings which is impugned in this Writ Petition was questioned in Writ Petition No.13050 of 2014 and that an interim order was passed therein. This being the admitted position, the petitioner cannot be permitted to maintain a second Writ Petition for questioning the same proceedings which was already assailed in the previous Writ Petition. Similarly, a Writ Petition for enforcing an order already passed in another Writ Petition is not maintainable.
In this view of the matter, the Writ Petition is dismissed with liberty to the petitioner to pursue Writ Petition No.13050 of 2014.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.35856 of 2014 filed by the petitioner for interim relief stands dismissed as infructuous.
08th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY