Telangana High Court Orders Free Lawyer to Help Rickshaw Parts Seller Revive Dismissed Case

What Happened

On November 28, 2023, the Telangana High Court agreed to help a small‐business owner restore his writ petition that had been dismissed earlier this year. The case was filed by M/s Ahmed Rickshaw and Cycle Parts, represented by proprietor Mohammed Ahmed, against the State of Telangana, the Greater Hyderabad Municipal Corporation (GHMC), and the GHMC’s Health and Sanitation Department. Mr. Ahmed asked the court to reopen his 2019 challenge to municipal orders affecting his business and to let him argue in person since he cannot afford a lawyer.

Background

In January 2019, Mr. Ahmed filed Writ Petition No. 11487 seeking relief from GHMC notices that threatened to seal or penalize his auto‐parts shop in Hyderabad. A writ petition is a formal legal request asking a court to review an administrative action. Over time, Mr. Ahmed represented himself in court but missed critical hearings. On January 30, 2023, the court dismissed his petition for non‐appearance of his counsel without granting him a chance to explain.

What the Court Said

Mr. Ahmed then filed two interim applications under Order 9 Rule 9 and Section 151 of the Civil Procedure Code, which allow the court to reopen cases and pass necessary orders for justice. He asked the court both to restore his original petition and to allow him to argue his case in person. Noticing that his lawyer had not shown up and that Mr. Ahmed could not hire another, Justice C. V. Bhaskar Reddy directed the High Court Legal Services Committee to appoint a free panel advocate. The court named Mr. D. Raghavendra Rao to represent Mr. Ahmed at the next hearing. “Having regard to the aforesaid submissions… the High Court Legal Services Committee is directed to make available the services of Sri D. Raghavendra Rao,” the order reads.

Key Takeaways

• Access to Justice: This order highlights the court’s duty to ensure that people who cannot afford lawyers still get a fair hearing.
• Role of Legal Aid: Under the Legal Services Authorities Act, high courts must provide free legal aid to needy litigants to defend their rights.
• Procedural Fairness: Allowing the case to be restored gives Mr. Ahmed a chance to present his arguments on the merits, rather than losing simply for lack of representation.
• Next Steps: The GHMC dispute itself remains undecided. The court will hear the revived petition on December 12, 2023, with the aid of the appointed panel advocate.

This order does not end the underlying dispute over municipal notices, but it does ensure that Mr. Ahmed will not be shut out of court again for procedural reasons. It also serves as a reminder that courts can step in to provide legal support to ordinary citizens who face complex legal processes.