Wednesday, April 30, 2008

No Muslim quota now : HC directs state to implement apex court stay

By Shariff Ameeruddin Ishaqui
Hyderabad, April 29: In a major jolt to the Congress government in the State in the election year, a seven- member bench of the AP High Court on Tuesday directed the state governmet to implement the Supreme Court stay on 4 per cent reservations for Muslims of backward sections in educational institutions .
A larger bench, comprising Chief Justice AR Dave, Justice T Meena Kumari, Justice B Prakash Rao, Justice DSR Verma, Justice A Gopal Reddy, Justice V Eswaraiah and Justice Goda Raghuram, while dealing with a batch of writ petitions on the quota for Muslims under the BC 'E' category , adjourned hearing to after summer vacations which ends first week of June. This means that the resrvations will not be applicable to variouscourses, including medical post graduate courses this academic year.
"We are inclined to continue the stay of admissions under "Andhra Pradesh Reservations in favour of Socially and Educationally Backward Classes of Muslims Act", 2007 relating to category 'E' till the final hearing of the batch of writ petitions since it is not possible to conclude the hearing the writ petitions before the summer vacation," the bench observed.
The bench turned down the request of Advocate-General CV Mohan Reddy to pass an interim order to approve the admissions made in accordance with the directions of a five-member bench of this court in November.
The Supreme Court passed an interim order earlier that no further admissions should be made under the Act.While disposing of the Special Leave Petitions on the Act , the Apex Court on October 12, 2007 directed the High Court to proceed with the hearing of the writ petitions and try to dispose them before October 31, 2007.
The Supreme Court observed that the High Court colud consider passing of appropriate interim order regarding admissions of students if the writ petitiones were not disposed of within that period,but said that its interim order would remain in force till then.
Based on the Apex Court directions a five-member bench of the High Court gave an interim direction in November last that the counselling for the B.Ed and other professional courses may go on but not finalise the admissions till further orders. After that the government selected students of BC 'E" category for admission into B.Ed, BL and other courses.

Saturday, April 26, 2008

AG defended dropping of charges on officer

By S A Ishaqui
Hyderabad, April 24 : The Advocate-General, C V Mohan Reddy on Thursdayinformed the AP High Court that the government is prepared to place allrelevantrecords in the court pertaining to dropping of corruption charges againstMohammad Quamaruddin, the Engineer-in -Chief of the Tribal WelfareDepartment.While dealing with the petition filed by Mr. P Narender Reddy of Nalgondadistrict challenging the government order issued for dropping chargesagainst theengineer-in-chief, the judge agreed to peruse the records and asked the AG to submit them by Friday.It may be mentioned that the petitioner informed the court that the engineer-in-chief is the brother-in-law of principal secretary to the chief minister,Mr. JannatHussain.The petitioner alleged that Mr Hussain holding a top post in the ChiefMinster's office, was able to get an order on April 28, 2007 dropping further actionagainsthis brother- in-law.
While arguing the case, Mr Mohan Reddy said that the petitioner was a sleeping partner of the firm which executed works at a textile park at Malkapur village inNalgonda district where alleged irregularities took place.
"Withdrawing charges against the officials is a prerogative of the government. The charges were dropped against the official after the government was satisfied by theexplanation submitted by the official".said the AG
Justice Rammohan Rao observed that: "The petitioner informed the court that Rs35,000 were paid to the official as a bribe. When such serious allegationsare made against an official, why the government has not initiated any action against him".
The case was posted to Monday.

High Court reserves judgment on linemen posts

By S A Ishaqui
Hyderabad, April 23 : Andhra Pradesh High Court on Wednesday reserved its judgement on a writ petition challenging the notifications issued by theAndhraPradesh Power Distribution Corporation Limited for the appointment of junior linemen posts on contract basis.
D Anjaneyulu, one of the applicants filed a petition stating that the APDCL issued a notification on June 8, 2006 to recruit over 7000 personnel in the company. He said that the APDCL again issued a revised notification in October relaxing conditions mentioned in the earlier notification.
While hearing the arguments Justice L Narasimha Reddy observed: "it seems that officials have been changing the rules and regulations whenever theywanted, to help or induct the candidates of their choice. It is nothing but playing with the lives of the unemployed."

High Court imposes fine on state

By S A Ishaqui
Hyderabad, April 23: Justice G Raghuram of the AP High Court onWednesday imposed Rs 2,500 as cost on the state government for notfiling a counter in a petition.
While dealing with a petition filed by Ms Fathima Bee and others ,residents of Gurramkonda village in Chittoor district the court directed that the government was at liberty to identify the officers responsible for not filing the counter and initiate action against them.
The court asked the registry to serve a copy of the order to the ChiefSecretary to enable him to take remedial measures.
The petitioner informed the court that lands of Chittiboyinapalle belonged to Syed Abdul Khader. He received the lands from Tippu Sultan, the kingof Mysore in 1700.
The petitioners have purchased the lands fromLakshman Rao and the Estates Abolition Act does not apply to these lands,the petitioners claimed.
The petitioners told the court that the revenue authorities trying to takeover the lands from them and making arrangements to issue DKT pattas to third parties.The court asked the revenue authorities to file a counter. The district collector informed the court that they have sent all the details to the government pleader but the pleader failed to submit it to the court.

Petition to set aside GO on Jannat kin

By S A Ishaqui
Hyderabad, April 23 : A writ petition was filed in the AP High Court onWednesday seeking a direction from the court to set aside the GO issued for dropping charges against engineer-in-chief of tribal welfare department,Mohammad Quamaruddin.
The petitioner P Narender Reddy of Nalgonda district informed the court thatVigilance and Enforcement department and Intelligence department submitted a report against the officer on alleged irregularities committed by the officer in execution of works at textile park at Malkapur village in Nalgonda district .He told the court that the Vigilance department recommended to initiate action against Mr Quamaruddin and others under the provisions of Prevention of Corruption Act.
The petitioner informed the court that the engineer-in-chief is the brother-in-law of principal secretary to the chief minister, Mr. Jannat Hussain. He said that MrJannat Hussain's daughter was married to the son of Mr Quamaruddin.
He alleged that Mr Hussain holding a top post in the Chief Minster's office was able to get an order on April 28, 2007 dropping further action against his brother-in-law.He also alleged that instead of taking action the government promoted MrQuamaruddin from superintendent engineer to engineer -in-chief "in due recognition of his meritorious services."
The petitioner made the Chief Minister and Jannat Hussain as one of the respondents besides the government and the Vigilance and Enforcement department.The petitioner urged the court to set aside the GO and direct thegovernment tocomply with the recommendations of the Vigilance and Enforcement department.

AP High Court issued notice to CCI

By S A Ishaqui
Hyderabad, April 23: Justice L Narasimha Reddy of the AP High Court onWednesday issued notices to Central Government and Cement Corporation of India on a petition filed by CCI employees, Adilabad unit seeking a direction that the Union minister for heavy industries, Mr Santosh Mohan Dev made as a respondent in their petition.
While dealing with the petition, the court asked Mr Rakesh Tikku counsel for the CCI to file their counter by Monday.
Mr. S Ramachandra Rao, senior counsel for the petitioner's told the court that Centre had included the Bokajan unit of CCI in Silchar of Assam in rehabilitationscheme because it was in the constituency represented by the Union minister for heavy industries, MrSantosh Mohan Dev.
Mr Rao submitted that the unit was found viable according to a report of the Development Consultancy Limited. He urged the court to implead theminister as arespondent.
Mr Ramachandra Rao told the court that the Adilabad unit was a perfectcase to beincluded in the rehabilitation package as recommended by the Board forIndustrial andFinancial Reconstruction (BIFR).
It may be mentioned that the Cement Corporation of India had decided in 2007 to close seven of its units including the one at Adilabad.

Friday, April 25, 2008

'Report on babus just a scandal sheet'

By S A Ishaqui
Hyderabad, April 22: The Advocate-General, Mr C V Mohan Reddy, on Tuesday argued before a division bench of the AP High Court that the report of the former vigilance commissioner, Mr Ramachandra Samal,on corrupt government servants was not report but only a scandal sheet.
A division bench comprising Chief Justice AR Dave and Justice R SubhashReddy heard the arguments on a public interest litigation filed by Telugu Desam leader PNV Prasad seeking a direction that the government should implement the Samal's report.
The AG told the court that the petitioner was an active leader of the main opposition party and the petitionwas filed to gain political benefit out of it. He further said there was no public interest involved in the petition.Mr Mohan Reddy said Mr Samal did not submit his observations he was in the post of vigilance commissioner for a period of three years but a day before of his retirement he sent a report to the government.
He argued that the there was no need for a disciplinary authority to blindly accept any recommendation made by the Vigilance Commission. He said Mr Samal himself admitted in his report that 84 per cent of the recommendations are accepted by the government.
Only in the case of 14 percent the government differed with the commission.
Mr S Ramachandra Rao, senior counsel for the petitioner, argued that MrSamal was appointed in theregime of present government and the officer submitted a report of government servants including a dozen All India Service officers.
The petitioner has said nothing on his own and he purely depended on the facts reflected in the report.After hearing the arguments the court reserved its orders on the petition.

No order passed on med petition

By S A Ishaqui
Hyderabad, April 22: A division bench of the AP High Court onTuesday was not inclined to pass any order on a petition seeking stay on the implementation of four per cent reservation for backward classes among Muslims for post graduate medical courses.
The bench comprising Chief Justice AR Dave and Justice R SubhashReddy heard arguments on the petition filed by G Srinath and K Malathi, medical students of Bholakpur in Secundrabad, seeking direction that reservations for Muslims in medical PG courses should not be implemented.
The bench observed that "it was not proper to give any interim order at this stage in the present petition as a batch of writ petitions with regard to four per cent reservations is pending before the larger bench of this court".Mr K Ramakrishna Reddy, senior counsel for the petitioners, told the court that the batch of petitions were referred to a seven member bench and the bench was yet to be constituted.
The Chief Justice said he would take a decision on the constitution of the seven member bench as soon as possible.
Mr Reddy requested the court to granted stay on the counselling for the PG medical admissions.The court turned down the plea and posted the next hearing to April 30.

Kotak Mahindra told not to sell land

By S A Ishaqui
Hyderabad, April 21: Andhra Pradesh High Court on Monday directed that the Kotak MahindraBank should not sell the five acres of land in survey No 11 of Guttalabegumpet village,Serilingampally mandal in Ranga Reddy district, until further orders.
Justice Nooty Rammohan Rao, while dealing with a petition filed by NamHotels Private Limited,AMN Hotels Private Limited and others challenging the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the allotment of land to Gemini Arts Private Limited, Prasad Properties and Investments Private Limited through aG.O.Ms.No.128, on February 8, 2006 under Section 23 of the Urban Land(Ceiling & Regulation)Act, 1976, observed that the interim stay granted earlier will subsist.
The petitioner told the court that it was private land and they had purchased it from privatepersons. The government and Gemini Arts Private Limited and PrasadProperties andInvestments Private Limited had no right over the land.
Mr P Subhash, counsel for the Prasad Properties and Investments PrivateLimited, submitted that the government had allotted the land to his clients and they had pledged it with KotakMahindra Bank to obtain Rs 2 crore loan.
He said one person, who claimed himself as a GPA holder on behalf of thePrasad Propertiesand Investments Private Limited, has clandestinely sold it to third parties.

State calls Infotech charge false

By S A Ishaqui
Hyderabad, April 21: The State government on Monday submitted to the APHigh Court that InfotechEnterprises Limited had been making false allegations against it on award of contracts for conducting aerial survey of land in the state.The government submitted a counter affidavit pursuant to a notice from theHigh Court.
The Court issuednotice to the government on a petition filed by the Infotech challenging the award of the contract to a company to conduct aerial survey of lands through Integrated Land InformationSystem titled "Bhu Bharathi" which was launched by the state government with the objective of finding a solution to land disputes in the state.
Mr VK Agarwal, Commissioner, Survey, Settlement and Land Records, told the court that the government approached the Survey of India to give the list of agencies, which had the capacity to undertake the aerial photography and the Survey of India has given the list of 11 agencies and letters were sent to them to produce flying permission of the director general, Civil Aviation, for aerial flying at the time of filing requestfor proposal (RFP).
He said the date of submission of the flying clearance certificate also extended at the request of the petitioner.The petitioner alleged that commercial bids were to be opened on March 19 but were opened on March 20 and the authorities asked them to produce flying permission of the director-general, Civil Aviation, for aerialflying.
The petitioners said none of the participants possessed the clearance from the Civil Aviation Authority and it cannot be obtained at such a short notice. The petitioner urged the court to stay all further proceedings in "Bhu Bharathi Scheme".

State files affidavit in High Court on workers welfare board

By S A Ishaqui
Hyderabad, April 21: The State Government on Monday informed the AP HighCourt that the companies and the contractors, who are executing construction works of the government ora public sector undertaking,have to pay one per cent cess from the total construction cost of the project, for the welfare of workers.
The government filed an affidavit pursuant to the notice of the court following petitions filed by several construction companies that VRCL Infrastructures & Projects Limited,Nagarjuna Constructions, Aparna Constructions, Ramky Constructions and IJM (India) Infrastructures Limitedand Coramandel Prestcrete Private Limited, seeking quashing of the Building and Other ConstructionWorkers (Regulation ofEmployment and Service) Act, 1996.
The government submitted to the court that Section 18 of the Act mandates that every State Governmentshould constitute Welfare Boards for the building and other construction workers. It was informed that aWelfare Board was constituted on April 30 last year and the government issued a GO on June 26, 2007 to facilitate the collection of cess and to credit it to the account of theWelfare Board.
A division bench comprising Justice B Prakash Rao and Justice C Ramulu will hear arguments on a batchof writ petition filed against the collection of cess, on April 25.

AP High Court stalls land sites fir VIPs

By S A Ishaqui
Hyderabad, April 19 : A division bench of the AP High Court on Saturdaydirected the housingsocieties of judges, MLAs, MPs, All India service officers includingIndian Revenue Service officers and Andhra Pradesh special police, and journalists not to make allotments of housesites in favour of members until further orders.
Justice Nooty Rammohan Rao and Justice C V Nagarjuna Reddy while dealing with two writ petition filed against the allotments of house sites to judges, MLAs, MPs,officers of All IndiaServices and journalists observed that "those respondents societies which have already takenpossession of the land shall not make allotment in favour of their individual members and thus create third party interest therein".
The bench also directed that "If there are already allotments made by some of the societies ,no further development by way of improving the existing status of the landshall be taken up bythem".The bench issued notices to the respondent housing societies to file their counters before July26 and asked the petitioners to file their replies before August 6.
The bench will take up the finalhearing on the petition on August 8.Dr Rao, VBJ Chelikani, resident of Tarnaka, filed a petition challenging the GOs 419,to 425 and451 of the government issued between March 23 and 27, allotting lands to housing societies of judges, MLAs, MPs, All India service officers including Indian RevenueService officers andAndhra Pradesh special police, and journalists.
The petitioner urged the court to quash the GOs.Campaign for Housing and Tenural Rights, a non-government organisation,also filed anotherpetition challenging the land allotment to the housing societies of theMLAs and others.

NTR varsity told to set up panel

By S A Ishaqui
Hyderabad,April 18 : Andhra Pradesh High Court has directed the NTRUniversity of Health Sciences to constitute a grievance committee toredressal of problems being faced by the students.
While refusing to pass a direction to the university for revaluation ofanswerscripts of Anatomy subject of a MBBS student, Justice Nooty RammohanRao directed the university to constitute the committee within next 15 days.
The judge observed that: "If the grievances committee is constituted, thestudents, like the peitioner herein can approach the committee and alsopreferappeals to the Execitive Council in terms of Section 55 of the MedicalCouncil Act".
Ms G Manasa of Visakhapatnam filed a writ petition in the high courtseeking a direction that the NTR Unversity revaluate the answer sheet of theAnatomy papers of 1st year MBBS Course for the examination ofSeptember/October 2007 in respect of the petitioner.

Plea filed not to block export of molasses

By S A Ishaqui
Hyderabad, April 18 : A writ petition was filed in the AP High Court onFriday seeking direction from the court tothe government not to obstruct the export of molasses by way of shipmentat Kakinada .
N C S Sugars Limited of Bobbili in Vizianagaram filed a petition statingthat their company was not able to receivethe stocks from their purchasers to the shipment point as they could notdare to do so without the relevant ordersfrom the State government.purchasers they were not able tothe petitioner also informed the court that the Chief Principal Secretary, Revenue did not pass any order in spite thehigh court declaring that there was no provision in the Andhra PradeshExcise Act 1968 to restrict export of molassesand the levy of administrative charges on the export.
The petitioner informed the court that they had attempted to explain theirsellers that the export and transportation ofmolasses does not constitute any offence but their sellers were hesitantto transport the stocks to the place of exportat Kakinada.
The petitioner urged the court to direct the government to enable them toexport the stocks of molasses to foreignbuyers and also direct that the Sugar Cane Commissioner and theCommissioner of Prohibition and Excise not toobstruct or threaten the Sugar Factories from selling and transportingmolasses to the petitioner company.

Friday, April 18, 2008

Petitions against 'Bhu Bharathi survey'

By S A Ishaqui
Hyderabad,April 17:The Integrated Land information system titled "Bhu Bharathi" which was launched by the state government with the objective of finding a solution to the land disputes in the state, has landed in a legal tangle.
The project was aimed at compiling all details of land and its titles which would enable the title holders or authorities dealing with land matters to have a comprehensive report of any title at their disposal at just the click of a mouse.
Infotech Enterprises Limited and IIC Technologies filed writ petitions in the AP High Court challenging the awarding of the contract to Speck Systems Limited by the Commissioner, Survey, Settlement and Land Records.
They alleged that commercial bids were to be opened on March 19 but were opened on March 20 and the the authorities asked them to produce flying permission of the director general, Civil Aviation, for aerial flying.
The petitioners said that none of the participants possessed the clearance from the Civil Aviation Authority and it cannot be obtained at such a short notice. They submitted that there was no justification in finalising the tenders in a hurry, particularly when the pilot project is yet to achieve minimum objectives. They urged the court to stay all further proceedings in Bhu Bharathi Scheme.

AP, Pollution board told to submit report on measures

By S A Ishaqui
Hyderabad, April 17: The Andhra Pradesh High Court on Thursday directed the state government and the AP Pollution Control Board to file a report on the implementation of Supreme Court directions with regard to pollution control measures in Patancheru industrial area. While dealing with a batch of writ petitions, a division bench comprising Justice B. Prakash Rao and C.Y. Somayajulu expressed dissatisfaction over the delay in the implementation of the Apex court orders.
The Supreme court monitored the pollution control measures in this area for over a decade and then issued directions in 1998 fixing standards regarding pollutants and hydraulic load for each unit. The bench also expressed dissatisfaction over the absence of government counsel for the hearing .
Justice Prakash Rao said "Do you need a red carpet welcome with a shahnai? Don’t you feel the responsibility to be present in the court when the bench is hearing such an important public interest issue?"
The bench asked the state government and the pollution control board to inform the court what they did to control pollution in the area. The government has been asked to inform what remedial measures have been taken so far for the citizens in the area suffering with geo chemical diseases.
Mr P. Niroop, Supreme Court advocate who appeared on behalf of the local farmers, urged the court to direct the industries in the Patancheru industrial area to deposit Rs 100 crore for the safety of the people residing in the areas.

Detailson high-rises sought by NGOs


By S A Ishaqui

Hyderabad, April 16 : A petition was filed in the AP High Court on Wednesday seeking a direction that the government furnish details of high-rise and multistoried residential and commercial complexes in the urban areas includingHyderabad, Vijayawada and Visakhapatnam.

Forum For A Better Hyderabad and Prajaspandana, non governmental organisations filed the petition alleging that the builders with the helpof the staff of municipal corporations and municipalities have been constructing residential and commercial structures in excess of the sanctioned plan.The petitioner submitted to the court that the impact of such violations upon the environment were adding to the pollution, temperature was increasing besides safety and quality of life of citizens was at risk across the state.The petitioner further informed that the illegal construction activity was on the rise with even parking spaces being utilised for construction forcing the citizens to use roads to park their vehicles resulting in main thoroughfares in the lanes and bye lanes being choked with traffic jams.

The petitioner told the court that the regulatory mechanism under the various corporations and municipalities refused to take action against the violators of law.The petitioner urged the court to issue directions to the government to inform thecourt on action initiated against the violators of sanctioned plan. Thepetitioneralso urged the court to set aside the Building Penalisation Scheme(ordinance 15of 2007) in the state.

10,000 to take SSC special exams

By S A Ishaqui
Hyderabad, April 16: The Andhra Pradesh High Court on Wednesday directed the state government to allow all students who could not appear for SSC public examinations held in March this year to write special supplementary examinations to be held from April 25. While disposing of a batch of writ petitions, Justice Nooty Rammohan Rao directed that, "All such students who pursued their SSC during the academic year 2007-08 and who could not appear for the examinations irrespective of the reasons shall be permitted to the appear for the special supplementary exams."
The judge further directed that the applications of the candidates be received by the district educational officers up to April 19. Counsel for the school education department, Mr P. Srinivas, told the court that news reports stating that 10,000 candidates could not write the examination in the March were not correct. Justice Rammohan Rao observed that, "It is not at all a question here. You have to allow all the students to write the exam. The decision of the government to conduct special supplementary examination is appreciable but at the same time the government should keep in mind that it is difficult for a students to write two papers a day."

Thursday, April 17, 2008

Ex-judge challenges Act

By S A Ishaqui
Hyderabad, April 14:A former additional district sessions judge has challenged in the AP High Court an Act introduced by the state government to weed out inefficient judicial officers. Mr K. Veera Chary, who filed the petition, was the first to lose his job under the Act. He was removed from the post of additional district session judge of Mahbubnagar on the grounds that his work was below average.The HC has constituted a full bench headed by Justice V.V.S. Rao to hear the petition filed by Mr Veera Chary. The government had brought in Act 42 in 2006 by amending the AP Public Employment (regulation of age of superannuation) Act 1984. It incorporated provisions that any member of the AP State Higher Judicial Service or State Judicial Service can be asked to retire from the service in public interest on the date on which such member attains the age of 50 or 55 or 58 years or after having completed 33 years of service. According to the judicial authorities, the amendment was brought in to implement the Supreme Court directive to weed out inefficient and corrupt judicial officers. "Till the removal of Mr Veera Chary we were not fully aware of the Act," said a judicial officer. Under the Act, an administrative committee headed by the Chief Justice of the AP High Court periodically reviews the performance of judicial officers.
The committee took into account various factors including service profile, disposal of cases, quality of judgments and confidential records to assess performance. However, a majority of judicial officers are resentful of the Act since they feel it is being used to weed out those whom the authorities did not prefer.

Monday, April 14, 2008

High Court clears way for Gangavaram port


By S A Ishaqui
Hyderabad, April 13: The Andhra Pradesh High Court has applauded the resettlement and rehabilitation package implemented for the displaced fishermen of Gangavaram deep water seaport in Visakhapatnam.

A division bench comprising Chief Justice A.R. Dave and Justice Gopala Krishna Tamada, while delivering its verdict on a public interest litigation observed that "Upon perusal of the reply filed by the state, it is crystal clear that the needful has been done and is still being done by the state for the resettlement and rehabilitation of the displaced persons of Dibbapalem.
Rehabilitation of the entire area is not a small thing and that definitely takes a lot of time". It may be mentioned that the state government has sanctioned a deep water port in Dibbapalem village of Visakhapatnam district with an investment of Rs 2,000 crore under the public-private partnership. The project was awarded during the Telugu Desam government. From the beginning of the project, the fishing community has been resisting the private port as it would displace 3,600 families of Gangavaram village. As part of the re-settlement and rehabilitation package the government promised to provide jobs and take up comprehensive rehabilitation.

Saturday, April 12, 2008

Bar takes on state in judge row

By S A Ishaqui
Hyderabad, April 11: The state government’s complaint against Justice A. Gopal Reddy of the AP High Court to the President and Chief Justice of the Supreme Court has triggered a major row.
The judge’s reported remark about land encroachment by the state government had prompted the latter to write to the CJI and the President.
The Bar Council of the Andhra Pradesh, the High Court Advocates Association and the AP High Court BC Advocates Association on Friday strongly condemned the government’s action as an infringement on the judicial terrain.
They urged the Chief Minister, Dr Y.S. Rajasekhar Reddy, to intervene in the issue and settle it before "Hyderabad becomes another Lahore."
"It is for the first time in the history of the AP High Court that the State government has complained against a judge," said Mr S. Satyam Reddy, President of the High Court Advocates Association. "This indicates that the government will not spare anyone who criticises it."
The Bar Council felt that such a letter from the state government would affect the functioning and independence of the judiciary. "Since the government is the respondent in the matter, it is not befitting of it to address such a letter to the CJI and the president," said Bar Council chairman A. Narasimha Reddy.
The Bar Council held an extraordinary emergency meeting and decided to form a committee comprising Mr Ghanta Rama Rao, Mr C. Pratap Reddy and Mr B. Devanand to look into the matter.
The BC Advocates Association too constituted a four-member team to decide the further course of action. Prominent advocates feel that the government should file a "recuse petition" and settle the matter in the state itself. Under the recuse petition, the judge against whom the complaint is lodged will give his version, and may or may not accept the charges levelled against him. This will settle the issue.
A majority of the advocates felt that the government should first have brought the issue to the attention of AP High Court Chief Justice A.R. Dave before shooting off a complaint letter. Meanwhile, Justice Gopal Reddy met the Chief Justice at his chambers for 15 minutes and reportedly presented his views.
Later in the evening, the Chief Justice also had a chat with the AG. However, the AG told this correspondent that the Chief Justice did not mention the issue. Several other judges also met the Chief Justice in the course of the day.

State can acquire temple land: HC

By S A Ishaqui
Hyderabad, April 11: The AP High Court on Friday gave a green signal to the government to acquire temple lands to construct irrigation projects and water tanks. A division bench comprising Chief Justice A.R. Dave and Justice Gopal Krishna Tamada modified its earlier interim orders and permitted the government to acquire endowments lands in accordance with the Land Acquisition Act.
While disposing of 12 miscellaneous petitions filed by the government to vacate a stay on acquisition of temple land, the bench directed that the government should pay compensation to temples.
The order enables the government to acquire 1,724 acres belonging to about 140 temples. The bench felt that nothing was wrong if the government was allowed to acquire land for irrigation purposes.
The construction of irrigation projects including Thotapalli barrage, Pulichintala,Polavaram, Handri-Neeva, Vamsadhara, Kandaleru reservoir, JawaharNettampadu, Koilsagar,Mahatma Gandhi lift irrigation schemes, and summer storage tanks in EastGodavari and Prakasam districts have been stalled as the court granted interim stay on a writ petition challenging the land acquisition.
The bench felt that nothing wrong if the government is allowed to acquire lands specifically for irrigation purpose in the larger public interest.

AP Govt gets High Court notice

By S A Ishaqui
Hyderabad, April 10: Andhra Pradesh High Court on Thursday issued noticesto the State government on a petition challenging the withdrawal of the GOMs No 913 of 1987, which provided for protection of hills, valleys and reservation for poorer sections in lands and housing the township areas. Thepetition was filed by Satyanarayana and two others.
While dealing with the petition Justice Nooty Ramamohan Rao granted two weeks time to the government to file the reply to the notice and adjournedthematter to April 21.The state government had issued GO Ms 912 and 913 framing guidelines to be followed while formulating townships near Hyderabad, Vishakhapatnam,Vijayawada and Guntur corporations.
The petitioner told the court that the state government had issued GO Ms 228 in March claiming that the GO 913 had become stumbling block fordevelopment and withdrew the GO 913.The petitioners submitted that the present GO was unconstitutional and against the poor people.

High Court to hear land for Judges,MPs

By S A Ishaqui

Hyderabad, April 10: A division bench comprising Chief Justice AR Dave and JusticeR Subhash Reddy will take up hearing on Friday a writ petition challenging the allotment of house sites to judges, MLAs, MPs, All-India service officers and journalists.

Mr KS Murthy, advocate for the petitioners, on Thursday made a special mention before the bench that the government had allotted lands worth Rs 4000 crore to judges,MLAs, MPs, All India service officers and journalists at throw away prices. He urged the court to take up the issue as urgency, otherwise the land will begoing to be registered in the name of their societies by Friday afternoon.

Justice Dave said "it's not possible today and the matter will be taken upon Friday".

Dr Rao, VBJ Chelikani, resident of Tarnaka, filed a petition challenging the GOs 419,to 425 and 451 of the government issued between March 23 and 27, allotting lands to housing societies of judges, MLAs, MPs, All India service officers including IndianRevenue Service officers and Andhra Pradesh special police, and journalists. Thepetitioner urged the court to quash the GOs.Mr OM Debara, a retired employee, filed a contempt petition against the government stating that the allotments were in contrary to the earlier judgement ofthe AP HighCourt.

Campaign for Housing and Tenural Rights, a non-government organisation,also filed another petition challenging the land allotment to the housing societies of the MLAs and others.

Another petition on TRS dismissed

By S A Ishaqui
Hyderabad, April 10: AP High Court on Thursday dismissed another writpetition challenging the resignations of Telangana Rastra Samithi MLAs and MPs.
Mr E Chandra Sekhar Goud, resident of Malakpet, filed a petition seeking a direction that the Election Commission of India should not finalise the nominations of 16 MLAs and 4 MPs, if they choose to contest to the presentLok Sabha and the State Assembly.The petitioner told the court that the resignations of TRS members had raised a question that "whether our Constitution permits re-election from the same or any other constituency of such MPs and MLAs, who have resigned voluntarily before the term of the House, under Articles 83 and 172 of theConstitution".
Petitioner's counsel Mr M Lakshimi Prasad argued that the voluntary resignations were nothing but breach of oath administered by the members before entering into the Lok Sabha and the Legislative Assembly.A division bench comprising Chief Justice AR Dave and Justice R SubhashReddy did not agree with the argument of the petitioner and dismissed the petition.

AP writes to CJI on judge's 'remark'


By S A Ishaqui

Hyderabad, April 10: The state government has sent a letter to the ChiefJustice of India against the comments made by Justice A Gopal Reddy of theAP High Court during the hearing of a "taken up petition" on landencroachments in and around the city.

The court took up the case based on reports in a newspaper on rampantencroachments of government lands.According to official sources, Law Minister R Chenga Reddy wrote a letter tothe Chief Justice of Supreme Court and the Union Law Minister about thecomments made by the HC Judge.A newspaper published that the judge had observed that the government itselfwas a "big encroacher".Advocate-General CV Mohan Reddy took serious exception to the remarksof the judge during the subsequent hearing of the case.

However, the judge refuted the remarks published in the Press and clarifiedthat the comments referred in the newspaper were purely out of context.The AG suggested that the judge initiate contempt proceedings against thenewspaper which wrongly interpreted the observations of the judge.

The judge said the court would take appropriate decision in next hearing onthe suggestions of the AG.

Meanwhile, sources said the government had decided to bring it to the noticeof the Centre as well as the Supreme Court.A top official confirmed that the letter was already dispatched to the Centreand the Supreme Court.

HC tells cops off civil disputes

By S A Ishaqui
Hyderabad, April 10: The High Court directed that the Director-General of Police should bestow his attention to the complaints against police interference in civil disputes.
Justice C.V. Nagarjuna Reddy, while disposing of a petition filed by one K. Mallamma of Karimnagar, observed that "in recent times this court has been flooded with complaints of the nature as raised in the present petition. Invariably, the response from the police, after receipt of notice from this court is blanket denial of the allegations of their interference in the civil dispute."
The judge also observed that the court cannot take judicial notice of rising instances of interference by the police in civil disputes. The court remarked that "unless this tendency is curbed before it reaches menacing proportions, the whole society would be in great jeopardy."

Thursday, April 10, 2008

Permanent judges to AP High Court appointed




By S A Ishaqui
Hyderabad, April8 : The President, Ms Prathibha Patil , on Tuesday issued oreders appointing two permanent judges to the AP High Court. Justice Nooty Ram Mohan Rao and Jsutice C V Nagarjuna Reddy who had been working here as additional judges were appointed as permanent judges.
Asenior judicial officer Mr Kantha Rao has been appointed as new judge of the AP High Court.They will sworn in as judges of the AP High Court on Thursday.

Petition filed against Imax


By S A Ishaqui
Hyderabad,April 8 :A writ petition was filed in the AP High Court seeking a direction that the Central Bureau of Investigation conduct a probe into the grant of permission to construct the Imax Multiplex on the Necklace Road in the city. Mr K. Rajavardhan Reddy, a resident of Beeramguda, informed the court that the government was dilly-dallying over the implementation of the House Committee report submitted in 2006. Till date no action has been taken on the report.
He told the court that the government granted licence on March 12, 2008 toconstructthe 5th Theatre in I-Max Multiplex.He submit that the action of the government was contrary to the earlierrejection orderof the Home department. He said the House Committee had recommended that"it isquite necessary, just and reasonable in the public interest that athorough probe byprofessional, independent investigating agency like the CBI should beordered to findout the facts and whether the public exchequer suffered".The Committee also recommended that the building may be used for creatinga StateMuseum for science and environment by cancelling the I-Max Theatre Projectunderdue process of law, in the larger public interest.

TRS resignations legal: High Court

By S A Ishaqui
Hyderabad, April 8: A division bench of the AP High Court on Tuesday dismissed two writ petitions filed by Mr S Raju, resident of Bank Street, Hyderabad, to declare as illegal the resignations of the Telangana Rashtra Samiti (TRS) MLAs, MPs and MLCs and their acceptance by the Speakers of the Lok Sabha and the State Assembly.
While dismissing the petitions, a division bench comprising Chief Justice A.R. Dave and Justice R. Subhash Reddy observed that the legislative has a separate entity and has the power to decide whether the resignations have to be accepted or not. The bench further observed that the courts cannot interfere in the prerogative jurisdiction of the legislative.
The bench said the petitions were themselves infructuous as the resignations were already accepted by the Speakers. Mr P.V. Krishnaiah, counsel for the petitioner, argued that accepting the resignations of the TRS members was contrary to the provision of Article 101(3)(B) of the Constitution, apart from being against public interest, incurring huge expenditure for the government exchequer without any valid reason or purpose. He submitted that as per the Article 190(3)(b), it is obligatory on the Speaker’s part to seek information and conduct an enquiry to know whether the members had resigned voluntarily.

Tuesday, April 8, 2008

Bellary Steel joins ore war against OMC

By S A Ishaqui
Hyderabad, April 7: The proxy war between the two iron ore giants, Obulapuram Mining Company Limited (OMC) and Bellary Iron Ore Private Limited (BIOC), over the boundary lines has escalated with the Bellary Steel and Alloys joining the legal fight against the OMC. The OMC and the BIOC have been exploring ore in H. Siddapuram and D. Hirehal mandals in Anantapur district. A dispute arose over the boundary in January this year, which the BIOC took to the AP High Court.
The court ordered status quo at the boundary between the two companies in the last week of January. After some legal wrangling, the court ordered an inquiry by the district judge, K Geddanna.
The district judge opined that the boundary between the two mining zones could not be ascertained without surveying the mines which he said would be possible only with the help of the Survey of India. He also expressed his displeasure over the district police on the matter of security. In a recent development, Bellary Steels and Alloys Limited filed a petition in the High Court seeking cancellation of lease granted to the OMC in 2007.
The BSAL told the court that their application to grant a mining lease was pending since 1997. It alleged that the authorities had not considered their application in spite of court orders and the same area had been awarded to the OMC.
The BSAL urged the court to suspend mining operations in AntargangammaKonda andMallammana Konda of H Siddapuram village in D Hirehal mandal in Anantapurdistrict. Thepetitioner further urged the court to demarcate the boundaries of themining area in the mandal.

Sunday, April 6, 2008

PIL against 'Odyssey Science City'

By S A Ishaqui
Hyderabad, April 5: A public interest litigation was filed in the AP High Court against the proposed Rs 1,00,000 crore Science City in Anantapur district.A multinational consortium, Jurong International Group of Singapore,entered into an agreement with the State government to construct Science City in thedistrict.D Hanumantha Reddy and K Chandra Sekhar Rao, residents of Anantapur town,filed the PIL alleging that the State had been resorting to lawless action inviolation of constitutional rights and property rights of the farmers of Amadaguru and Obuldevara Chervu village and mandal of Anantapur district.According to the petitioners, the government has appointed the AP IndustrialInfrastructure Corporation as a nodal agency to help the promoters of'OdysseyScience City'.The petitioners alleged that the APIIC and the promoters adopted a modus operandi to purchase lands of farmers. The farmers are warned either to sell their lands or face land acquisition under the provisions of the Land Acquisition Act,1894."Since the forced sales are going on at Amadaguru and Oduladevara, farmers are losing their lands for paltry amounts," the petitioners added.
They submitted that till date no proceedings had been initiated under the Act and the company had acquired about 1000 acres of land from the farmers. About10,000 acres is needed for the first phase of the project.They said "if the State resorts to invoke the provisions of the LandAcquisitionAct, a foreign company would not fit in for acquisition of land under Chapter VII of the Act 1894".
It may be mentioned that the consortium consists of Australian firms Springfield Land Corporation and Macquarie Bank and Jurong and Semb Corp Industries of Singapore to construct the Science City over 60,000 acres.
The petitioner urged the court that it direct the state government, the APIIC andMr. Bob Sharpless, director, Odyssey Science City, not to coerce farmersto sell their lands.

HC rejects gag plea on Manikonda land

By S A Ishaqui
Hyderabad, April 5: The AP High Court has dismissed a civil revision petition filed by the government challenging orders of the AP Wakf Tribunal on the Manikonda jagir land. The tribunal had directed the government to provide a copy of records with regard to the Manikonda jagir land on a suit filed by Mr Mahabub Alam Khan and 11 others.
The government has allotted land at Manikonda to software companies including Wipro, Infosys and Polaris besides Lanco and Emaar Properties. Justice Meena Kumari observed that there was nothing wrong in providing the petitioner with access to information and turned down a plea by the special government pleader, Mr Satya Prasad, to quash the tribunal order.

Saturday, April 5, 2008

Top babu files plea over IAS posts in state

By S A Ishaqui
Hyderabad, April 4: Senior bureaucrat Shafiquzzaman on Friday filed a writ petition in the Andhra Pradesh High Court seeking a direction that the state government implement memos issued by the Union government with regard to cadre posts of IAS in the state. He informed the court that the government had posted senior officers in the posts which were held by the secretary cadre officers by creating temporary rank of principle secretary.
He said, "this kind of situation and circumstances are existing only because of the government promoting the IAS officers in the cadre of principal secretaries, despite non availability of vacancies of principal secretaries with reference to the cadre as well as ex cadre permissible under Rules". He alleged that the government had also posted some senior officers to junior posts artificially designating them as principal secretary rank, whereby they are subjected to humiliation and mental agony.
"This type of action on the part of the government has resulted in a case where 1985 batch officer, Ms Chitra Ramchandran, has replaced her 17 years senior and holding the rank of special, chief secretary Mr V P Jauhari, in recent transfers," he said citing an example. He further alleged the government was not utilising the senior officials’ experience and service, paying higher for a lower job, only to accommodate officers not entitled to hold the post of principal secretary.

Tuesday, April 1, 2008

Actor Shivaji Raja's parents move court


By S A Ishaqui

Hyderabad, March 31: The parents of film star G. Shivaji Raja on Monday filed a petition in the family court here urging it to ask their son to pay them maintenance of Rs 15,000 per month.Mr G Rama Raju, 66, and Mrs G. Chandravathi, 64, told the court that they had sold their property to bring up their son with the hope that he would look after them in their old age. But their hopes were belied. They made several sacrifices to fulfil their son’s dreams of becoming a film actor.
Despite this, their son never provided them shelter and food and they were forced to sell their remaining property to survive, the parents said. Shivaji Raja has worked as comedian, villain, character actor and hero in about 100 Telugu films. The parents complained further that he had done real estate business with the Rs 1 crore they gave him after selling their property in their village.
According to them, Shivaji Raja completed his education in a polytechnic in Hyderabad in 1979 and desired to join a film institute to become an actor. Under his pressure, they shifted house to Chennai after his acting course got completed. They also borrowed money at high interest to buy him a vehicle.
Since Shivaji Raja was not healthy from childhood, they also a spent a lot of money to give him treatment. However, now they were not in good health but the actor did not bother about them, the parents complained. Mr Raju said that he had retired as an attender from DNR College in Bhimavaram and his sole income was the pension of Rs 2,400. Doctors had recently diagnosed him with a heart problem, he claimed.
The petitioners alleged that when they approached their son for help, he abused them and drove them out of his house. Mr Raju also alleged that Shivaji had beat his mother causing injuries on her neck.

Chandra Babu wants graft case quashed


Hyderabad,March31:The former chief minster and Telugu Desam president, Mr N. Chandrababu Naidu on Monday filed a petition in the AP High Court seeking a direction from the court to quash the criminal defamation case filed by G. Janardhan Reddy one of the promoters of Brahmani Steels and the director of Obulapuram Mining Company.Mr Reddy filed a defamation suit against Babu and his party leaders and against two telugu news papers in Raydurgh court in Ananthapur district in July last year.

High Court dismisses revision petition of IAS:Volkeswagen deal

By S A Ishaqui
Hyderabad, March 31:A division bench of the Andhra Pradesh High Court on Monday dismissed a revision petition filed by a senior IAS officer L.V. Subrahmanyam challenging the earlier orders of the High Court.
The petitioner sought a review of the earlier order of a division bench of the court that IAS officers come under the jurisdiction of the AP Lokayukta Act.
A division bench comprising Chief Justice A.R. Dave and Justice Ramesh Ranganathan dismissed the petition stating that "there is nothing in the order to show that the division bench is swayed by the allegations noted by the Lokayukta in complaint against the petitioner."
Mr Subrahmanyam contended that the bench has not considered the Constitutional validity of Section 7 and 2 of the AP Lok Ayukta Act.
The Lokayukta was an conducting inquiry against the officer on an issue which referred to the payment of Rs 11 crore to a firm called Vasishta Wahan for a deal to get a plant of the German car-maker Volkswagen to the state.

10,000 students deprived SSC exmas: HIgh Court asks list

By S A Ishaqui
Hyderabad, March 31: The Andhra Pradesh High Court on Monday directed the director of government examinations to submit a comprehensive report on how many SSC students have been forced to miss the ongoing examinations. The city-based school Vikaasa Bhaarati High School had filed a petition in the High Court seeking to pass an order to the director to issue hall tickets to the students of the school to attend SSC examinations.
The petitioner told the court that the school education board had orally permitted to shift the school from Chinnaripuram in Hayathnagar mandal to Dilsukhnagar and the hall tickets were denied on the ground that the shifting formalities were not fulfilled. While dealing with the petition, Justice Nooty Rammohan Rao was shocked when he learnt that about 10,000 students were deprived of the SSC examination due to various reasons, and asked the counsel for the secondary education to submit details and also to find out the reasons and officers responsible for not issuing the hall tickets. The judge wanted the report to be submitted by next Tuesday.