By S A Ishaqui
Hyderabad, July 29: The Andhra Pradesh High Court found fault with the Andhra Pradesh Industrial Infrastructure Corporation (APIIC) for delegating its power to collect property tax from the industries located in industrial estates surrounding the city to Industrial Areas Service Societies. The state government has entrusted the management and maintenance of civic services in industrial areas across the state through an order in 1994 to the APIIC.
The APIIC had also delegated its powers to approve building plans. They covered industrial and non-industrial houses in industrial estates and adjoining areas in areas of municipalities and corporation under Section 13 and 14 of the AP Urban Area (development) Act 1975. It was also entrusted with the task of collecting property tax and other taxes. However, the APIIC delegated its powers to collect property tax, maintain civic services and mobilisation of funds through donations to the Industrial Areas Service Societies.
D. Srinivasa Rao, general secretary of APIIC Workers and Employees’ Union filed a writ petition in 1998, challenging the action of the APIIC. A division bench comprising Justice T. Meena Kumari and Justice Ramesh Ranganathan took up the final hearing on the petition. The bench in its recent observation pulled up the APIIC on how it could delegate its powers to others without any statute.
The court observed that the corporation has no power to transfer its statutory functions to a third party.
The court asked the counsel for APIIC whether they would out source the statuary powers vested with them.
It asked the counsel to inform it within two weeks whether the corporation would withdraw the powers from the Industrial Areas Service Societies.
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Thursday, July 31, 2008
Tuesday, July 29, 2008
South Central Railway seeks Gandhi land for its metro
By S A Ishaqui
Hyderabad, July 28: The South Central Railway on Monday submitted to the Andhra Pradesh High Court that it would develop a world class railway station on the old Gandhi Hospital premises in Secunderabad at a cost of Rs 2,500 crore.
It informed the court that a proposal to transfer of lands to the SCR from the state has been pending for several months. The additional solicitor-general, Mr M. Ravindran, told the court that the SCR had put forth a proposal to the government that if the old Gandhi hospital land was transferred to it, the SCR would transfer its properties between Tarnaka and Sangeet theatre free of cost for road widening.
A division bench comprising Chief Justice A.R. Dave and Justice R. Subhash Reddy asked the SCR and government counsels to settle the issue amicably through negotiations and inform the court by August 8 about further progress.
Mr Ravindran said that before the hearing commenced, they had a meeting in the chambers of Mr Satya Prasad,special government pleader, and discussed about various options to sort out the issue including transfer of old Gandhi Hospital land to the SCR or appoint an arbitrator to fix a reasonable value for the SCR properties, which are going to be acquired. He said the Greater Hyderabad Municipal Corporation offered Rs 7,000 per square yard as compensation, which was not accepted by the SCR. He submitted that the prevailing market value in the area is Rs 30, 000 per square yard.
Mr Pouluri Bhaskar, standing counsel for Railways appraised the court about development of Secunderabad railway station and also showed proposed draft plan to the court.
According to Mr Bhaskar, the Union ministry of railways identified Delhi, Patna and Secunderabad stations to be developed into world class stations and in the recent budget the railways also accorded financial sanction for it.
Hyderabad, July 28: The South Central Railway on Monday submitted to the Andhra Pradesh High Court that it would develop a world class railway station on the old Gandhi Hospital premises in Secunderabad at a cost of Rs 2,500 crore.
It informed the court that a proposal to transfer of lands to the SCR from the state has been pending for several months. The additional solicitor-general, Mr M. Ravindran, told the court that the SCR had put forth a proposal to the government that if the old Gandhi hospital land was transferred to it, the SCR would transfer its properties between Tarnaka and Sangeet theatre free of cost for road widening.
A division bench comprising Chief Justice A.R. Dave and Justice R. Subhash Reddy asked the SCR and government counsels to settle the issue amicably through negotiations and inform the court by August 8 about further progress.
Mr Ravindran said that before the hearing commenced, they had a meeting in the chambers of Mr Satya Prasad,special government pleader, and discussed about various options to sort out the issue including transfer of old Gandhi Hospital land to the SCR or appoint an arbitrator to fix a reasonable value for the SCR properties, which are going to be acquired. He said the Greater Hyderabad Municipal Corporation offered Rs 7,000 per square yard as compensation, which was not accepted by the SCR. He submitted that the prevailing market value in the area is Rs 30, 000 per square yard.
Mr Pouluri Bhaskar, standing counsel for Railways appraised the court about development of Secunderabad railway station and also showed proposed draft plan to the court.
According to Mr Bhaskar, the Union ministry of railways identified Delhi, Patna and Secunderabad stations to be developed into world class stations and in the recent budget the railways also accorded financial sanction for it.
Saturday, July 26, 2008
Hyderabad, July 23 : The AP High Court on Wednesday declared that selection of candidates for the Group 1 main examination in the ratio of 1: 50 in the order of merit without reference category or community was irrational.
Mr Baloji Badhavath and 31 others have challenged the orders of the APAdministrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms.No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
A division bench comprising Justice Ghulam Mohammed and Justice C.V.Ramulu while allowing the petition observed that clause irrespective of communities in the GO is declared as irrational and the words 'irrespective ofcommunities' are set aside".
The court agreed with contention of senior advocate S Ramachnadra Rao who appeared on behalf of the petitioner.
He said that the APPSC had violated the right to equal opportunity guaranteed under Article 16 of the Constitution by excluding the reserve categories from the zone of consideration.
"After the court verdict the APPSC now has to undertake a fresh exercise to select candidates on basis of reservations including women and issue call letters to the candidates for Group-I main examinations" said MrRamachandra Rao.
The APPSC selected 9800 candidates to the main examination out of 1, 68,000 candidates who appeared in preliminary examinations.
Thursday, July 24, 2008
APPSC Group 1 exams: HC voids PSC order
By S A Ishaqui
Hyderabad, July 23 : The AP High Court on Wednesday declared that selection of candidates for the Group 1 main examination in the ratio of 1: 50 in the order of merit without reference category or community was irrational.
A division bench comprising Justice Ghulam Mohammed and Justice C.V. Ramulu while allowing the petition observed that clause irrespective of communities in the GO is declared as irrational and the words 'irrespective of communities' are set aside".
The court agreed with contention of senior advocate S Ramachnadra Rao who appeared on behalf of the petitioner.
He said that the APPSC has violated the right to equal opportunity guaranteed under Article 16 of the Constitution by excluding the reserve categories from the zone of consideration.
The High Court's decisin came after Mr Baloji Badhavath and 31 others challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
"After the court verdict the APPSC now has to undertake a fresh exercise to select candidates on basis of reservations including women and issue call letters to the candidates once again for Group-I main examinations" said Mr Rao.
The APPSC selected 9800 candidates to the main examination out of 1, 68, 000 candidates who appeared in preliminary examinations.
Hyderabad, July 23 : The AP High Court on Wednesday declared that selection of candidates for the Group 1 main examination in the ratio of 1: 50 in the order of merit without reference category or community was irrational.
A division bench comprising Justice Ghulam Mohammed and Justice C.V. Ramulu while allowing the petition observed that clause irrespective of communities in the GO is declared as irrational and the words 'irrespective of communities' are set aside".
The court agreed with contention of senior advocate S Ramachnadra Rao who appeared on behalf of the petitioner.
He said that the APPSC has violated the right to equal opportunity guaranteed under Article 16 of the Constitution by excluding the reserve categories from the zone of consideration.
The High Court's decisin came after Mr Baloji Badhavath and 31 others challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
"After the court verdict the APPSC now has to undertake a fresh exercise to select candidates on basis of reservations including women and issue call letters to the candidates once again for Group-I main examinations" said Mr Rao.
The APPSC selected 9800 candidates to the main examination out of 1, 68, 000 candidates who appeared in preliminary examinations.
Wednesday, July 23, 2008
Woman wins after eight years
By S A Ishaqui
Hyderabad, July 22: A woman has won an eight-year-old legal battle against Kadapa district collector over an erroneous order passed against her.
The Andhra Pradesh High Court has held that the district collector committed a grave error in invoking the provisions of Rule 9 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act 1993, in relation to the petitioner.
Justice CV Nagarjuna Reddy also imposed costs of Rs 10,000 on Kadapa collector and directed that he pay it to the petitioner,Ms KL Sulochanamma, resident of Thavvaripally village in Kadapa district.
Ms Sulochanamma applied for post of extra departmental branch post master at Thavvaripally village.
Another candidate who applied for the post unsuccessfully complained to the authorities that the petitioner was not resident of the village and alleged that she obtained a false community certificate claiming that she belongs to Scheduled Caste community.
The collector than issued a show cause notice to her and Ms Sulochanamma replied to it that she had not secured any community certificate.
After perusing the records relating to the issue, the court held that "the facts reveal that it is no one's case that the petitioner obtained a false certificate and secured job on the basis of it.It is further clear that with respect to the nativity certificate, even assuming that the same is false, the petitioner not secured employment on the strength of it".
The judge set aside the orders passed by the collector to initiate action against the petitioner for allegedly obtaining fake community certificate.
Justices Reddy said "the whole approach of the collector is perverse and vitiated by total non-application of mind and betrays lack of any comprehension on his part regarding the scope of the provisions of the Act and jurisdiction available for him to initiate action".
The court declared that the order was wholly without jurisdiction. The judge said that costs were imposed on the collector "for subjecting the petitioner to vexatious litigation, which would have caused her severe mental agony, apart from unnecessary expenditure in fighting the needless litigation".
If the collector did not pay the amount , the petitioner can recover the cost through legal process.
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Hyderabad, July 22: A woman has won an eight-year-old legal battle against Kadapa district collector over an erroneous order passed against her.
The Andhra Pradesh High Court has held that the district collector committed a grave error in invoking the provisions of Rule 9 of Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act 1993, in relation to the petitioner.
Justice CV Nagarjuna Reddy also imposed costs of Rs 10,000 on Kadapa collector and directed that he pay it to the petitioner,Ms KL Sulochanamma, resident of Thavvaripally village in Kadapa district.
Ms Sulochanamma applied for post of extra departmental branch post master at Thavvaripally village.
Another candidate who applied for the post unsuccessfully complained to the authorities that the petitioner was not resident of the village and alleged that she obtained a false community certificate claiming that she belongs to Scheduled Caste community.
The collector than issued a show cause notice to her and Ms Sulochanamma replied to it that she had not secured any community certificate.
After perusing the records relating to the issue, the court held that "the facts reveal that it is no one's case that the petitioner obtained a false certificate and secured job on the basis of it.It is further clear that with respect to the nativity certificate, even assuming that the same is false, the petitioner not secured employment on the strength of it".
The judge set aside the orders passed by the collector to initiate action against the petitioner for allegedly obtaining fake community certificate.
Justices Reddy said "the whole approach of the collector is perverse and vitiated by total non-application of mind and betrays lack of any comprehension on his part regarding the scope of the provisions of the Act and jurisdiction available for him to initiate action".
The court declared that the order was wholly without jurisdiction. The judge said that costs were imposed on the collector "for subjecting the petitioner to vexatious litigation, which would have caused her severe mental agony, apart from unnecessary expenditure in fighting the needless litigation".
If the collector did not pay the amount , the petitioner can recover the cost through legal process.
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Tuesday, July 22, 2008
High Court penalises Chittoor's collector
By S A Ishaqui
Hyderabad, July 21 : The AP High Court on Monday imposed costs on Chittoor District Collector over dismissing a revision without citing any reason for dismissal.
Justice Goda Raghuram while dealing with a writ petition filed by Ms G Bhaskaramma native of Chittor district challenging the dismissal of her revision petition, observed that the officer concerned required training to have a better knowledge on the rules and laws of administration.
The petitioner informed the court that she had applied for dealership of a ration shop in Patagunta village of Chittoor district and the same was rejected by the Tahsildar.
She challenged the rejection order before the RDO, Joint Collector and it was dismissed by the officers without citing any valid reasons.
Later when she approached the collector it was also dismissed without going into the facts of the case.
Mr WB Srinivas, counsel for civil supplies, strongly objected the imposing costs on the official and argued that the order was passed in accordance withthe law.
However in another case Justice Raghuram took a serious view over Karimnagar district collector failing in implementation of an order passedby the court on June 26.
The court directed that the district collector release petrol and diesel seized from Maruthi Filling Station, Alganur village after the petitioner furnished a bank guarantee of Rs 15,33,163.
The court also directed that respondents should not interfere in the business of the petitioner, provided the petitioner continued to have a subsisting entitlement for pursuing such business.
Mr M Ramakrishna Rao, proprietor of the filling station, filed the contempt case against the collector alleging that the official did handed over the keys of station despite of furnishing the bank guarantee on June 30.
The court directed the counsel for civil supplies to inform the court reasons for not handing over the keys to the petitioner by Tuesday.
Hyderabad, July 21 : The AP High Court on Monday imposed costs on Chittoor District Collector over dismissing a revision without citing any reason for dismissal.
Justice Goda Raghuram while dealing with a writ petition filed by Ms G Bhaskaramma native of Chittor district challenging the dismissal of her revision petition, observed that the officer concerned required training to have a better knowledge on the rules and laws of administration.
The petitioner informed the court that she had applied for dealership of a ration shop in Patagunta village of Chittoor district and the same was rejected by the Tahsildar.
She challenged the rejection order before the RDO, Joint Collector and it was dismissed by the officers without citing any valid reasons.
Later when she approached the collector it was also dismissed without going into the facts of the case.
Mr WB Srinivas, counsel for civil supplies, strongly objected the imposing costs on the official and argued that the order was passed in accordance withthe law.
However in another case Justice Raghuram took a serious view over Karimnagar district collector failing in implementation of an order passedby the court on June 26.
The court directed that the district collector release petrol and diesel seized from Maruthi Filling Station, Alganur village after the petitioner furnished a bank guarantee of Rs 15,33,163.
The court also directed that respondents should not interfere in the business of the petitioner, provided the petitioner continued to have a subsisting entitlement for pursuing such business.
Mr M Ramakrishna Rao, proprietor of the filling station, filed the contempt case against the collector alleging that the official did handed over the keys of station despite of furnishing the bank guarantee on June 30.
The court directed the counsel for civil supplies to inform the court reasons for not handing over the keys to the petitioner by Tuesday.
Manolya case in August
By S A Ishaqui
Hyderabad, July 21: The AP High Court will fix a date on August 6 to take up final hearing of the case of Manolya Onur, former Miss Turkey and wife of former eighth Nizam of Hyderabad, Prince Mukarram Jah.
Manolya Onur, won a decade-long legal battle against her former husband in Hyderabad family court on June 27, 2006.
The family court ordered the prince to pay compensation amounting to approximately $ 3 million to Manolya and their 15-year-old daughter Niloufer Jah.
The court directed to pay $ 700,000 towards divorce settlement with six per cent interest from April 1996. The prince has also been ordered to repay loan of $ 300,000 that he had taken from Manolya,with sixper cent interest from 1995.
Nawab Mir Barkat Ali Khan aka Prince Mukarram Jah challenged the lowercourt's order in the High Court and the court passed and interim direction onOctober 11, 2006 that the Prince Mukarram Jah should deposit the amount in Indian Currency that is equivalent to $ 10,000 US dollars to the credit of the bank account to be furnished by Ms Manolya with Bank of Baroda, Masab TankBranch.
The court also directed that the petitioner should deposit the amount,including the maintenance amount due for the month of October, and shall continue to deposit the same on or before 10th of every succeeding month.
Later the case was pending with the High Court , however Mukarram Jah filed anpetition to expedite the hearing of the case.
The last occasion the court has decidedto expedite the hearing again he filed another petition for fixing of the date.
Thepetition came before a division bench comprising Justice B Prakash Rao and Justice G Chandraih on Monday.
The court did not inclined to fix the date and said it will decide onAugust 6 after hearing the arguments on both the side.
Hyderabad, July 21: The AP High Court will fix a date on August 6 to take up final hearing of the case of Manolya Onur, former Miss Turkey and wife of former eighth Nizam of Hyderabad, Prince Mukarram Jah.
Manolya Onur, won a decade-long legal battle against her former husband in Hyderabad family court on June 27, 2006.
The family court ordered the prince to pay compensation amounting to approximately $ 3 million to Manolya and their 15-year-old daughter Niloufer Jah.
The court directed to pay $ 700,000 towards divorce settlement with six per cent interest from April 1996. The prince has also been ordered to repay loan of $ 300,000 that he had taken from Manolya,with sixper cent interest from 1995.
Nawab Mir Barkat Ali Khan aka Prince Mukarram Jah challenged the lowercourt's order in the High Court and the court passed and interim direction onOctober 11, 2006 that the Prince Mukarram Jah should deposit the amount in Indian Currency that is equivalent to $ 10,000 US dollars to the credit of the bank account to be furnished by Ms Manolya with Bank of Baroda, Masab TankBranch.
The court also directed that the petitioner should deposit the amount,including the maintenance amount due for the month of October, and shall continue to deposit the same on or before 10th of every succeeding month.
Later the case was pending with the High Court , however Mukarram Jah filed anpetition to expedite the hearing of the case.
The last occasion the court has decidedto expedite the hearing again he filed another petition for fixing of the date.
Thepetition came before a division bench comprising Justice B Prakash Rao and Justice G Chandraih on Monday.
The court did not inclined to fix the date and said it will decide onAugust 6 after hearing the arguments on both the side.
Sunday, July 20, 2008
Lawyers, talk nuke
By S A Ishaqui
Hyderabad, July 19: The Union finance minister, Mr P. Chidambaram, on Saturday called upon on the legal fraternity to "break its silence" on the Indo-US nuclear deal.
Hyderabad, July 19: The Union finance minister, Mr P. Chidambaram, on Saturday called upon on the legal fraternity to "break its silence" on the Indo-US nuclear deal.
While addressing the sixth annual convocation of Nalsar University of Law here, Mr Chidambaram expressed wonder at the silence of the institution on the issue and urged legal luminaries to join the debate and help citizens understand the legal aspects of the controversy.
"I thought I may use this opportunity to discuss objectively and dispassionately an issue that has occupied the centre-stage in the last few weeks," he said. There was need for a reasoned debate on the agreement and if it had taken place, answers to some of the issues would have been self-evident, while answers to other issues could have been found through the application of law and logic to the facts of the case, he said.
"I thought I may use this opportunity to discuss objectively and dispassionately an issue that has occupied the centre-stage in the last few weeks," he said. There was need for a reasoned debate on the agreement and if it had taken place, answers to some of the issues would have been self-evident, while answers to other issues could have been found through the application of law and logic to the facts of the case, he said.
The finance minister pointed out that "operationalisation" of the 123 agreement only meant that the parties should complete all prerequisites, exchange diplomatic notes and agree upon the date on which the agreement would come into force.
"Even after it comes into force, there is nothing automatic, and it would be necessary to enter into further agreements," the minister added.
"Even after it comes into force, there is nothing automatic, and it would be necessary to enter into further agreements," the minister added.
Mr Chidambaram stated that the Hyde Act 2006 (legislation on the India-US nuclear cooperation) is a domestic law and cannot bind India. Neither can it interfere with the implementation of the 123 Agreement which, when ratified by the US Congress, will be a bilateral treaty between two sovereign countries. "There should have been a thorough debate on the issues involved," he said. "Is it necessary for civil nuclear cooperation that India should enter into safeguards agreement with International Atomic Energy Agency? Is it necessary…to obtain waiver from the Nuclear Suppliers Group?"
"If these steps are completed, India would be able to enter into agreements for civil nuclear cooperation with other countries," he said.
"If these steps are completed, India would be able to enter into agreements for civil nuclear cooperation with other countries," he said.
Mr Chidambaram said that despite the enactment of numerous laws every year, the legal system did not show any strain except in the mounting arrears of cases. "But there is widespread and appalling legal illiteracy in the country, even among those who are obliged to be literate in order to discharge their functions," he said.
Friday, July 18, 2008
‘AP High Court registry is corrupt’
By S. A. Ishaqui
Hyderabad July 17: Chief Justice A.R. Dave of the AP High Court on Thursday was taken aback when a senior advocate alleged "corruption" in the High Court registry.
Hyderabad July 17: Chief Justice A.R. Dave of the AP High Court on Thursday was taken aback when a senior advocate alleged "corruption" in the High Court registry.
The Chief Justice admitted that there were some "defects" while listing cases and providing order copies to advocates.
E.V. Bhagirath Rao, 72, a practising lawyer in the High Court for over 48 years, submitted before a division bench comprising Chief Justice Dave and Justice R. Subhash Reddy that not a single paper moves in and out without bribing some registry staff. "No one bothers to look at how the registry is functioning. My colleagues suffer badly to get cases listed on time and get order copies to file appeals and communicate with clients," he said.
When the advocate tried to make further allegations, Justice Subhash Reddy intervened and told him he had no right to make a submission on corruption.
When the advocate tried to make further allegations, Justice Subhash Reddy intervened and told him he had no right to make a submission on corruption.
He further said: "There is no need for a writ to bring the malfunctions to our notice. You can make representation or simply walk into the chambers of the Chief Justice to sort out the issue". Justice Dave said things cannot be changed over night.
He said he was also part of the institution and recalled experiences in Gujarat where an order copy could not be secured by an advocate in 24 hours while an outsider could get it in no time.
Keeping in mind such experiences, a facility of getting an order within 24 hours was introduced in the Gujarat High Court.
Keeping in mind such experiences, a facility of getting an order within 24 hours was introduced in the Gujarat High Court.
He said would try to implement the the system in the High Court as well and assured that he would rectify the defects in the registry. The Chief Justice invited the advocate to his chambers to explain about the malfunctions.
The petitioner informed the court that his petitions were not listed for the past five years despite several representations and requests. He cited a few examples in the petition on how the registry was delaying order copies.
He alleged that the registry had no respect for the orders of judges. The Chief Justice asked the petitioner to wait for two weeks to hear his case while he set right the registry.
Wednesday, July 16, 2008
AP High Court upholds 1% labour cess
By S A Ishaqui
Hyderabad, July 15 : The AP High Court on Tuesday held that the government can levy one per-cent labour cess on the firms and companies which are engaged in construction works based on the cost of construction incurred by the employer and not on the entire value of the work.
Justice N.V. Ramana, while disposing over 300 petitions filed by the construction firms and companies, observed that the procedure contemplated under the Building and other Construction Worker’s Welfare Cess Act 1996 and rules clearly show that deduction of cess by way of advance at a uniform rate was permissible.
The judge further observed that " in my considered view, it cannot be set to be illegal when the government have sought to collect the cess from the June 26, 2007 and not from September 26, 1996 the date on which the Centre issued notification for collection of the cess from the bills payable to the contractors on the cost construction incurred by the employer".
Hyderabad, July 15 : The AP High Court on Tuesday held that the government can levy one per-cent labour cess on the firms and companies which are engaged in construction works based on the cost of construction incurred by the employer and not on the entire value of the work.
Justice N.V. Ramana, while disposing over 300 petitions filed by the construction firms and companies, observed that the procedure contemplated under the Building and other Construction Worker’s Welfare Cess Act 1996 and rules clearly show that deduction of cess by way of advance at a uniform rate was permissible.
The judge further observed that " in my considered view, it cannot be set to be illegal when the government have sought to collect the cess from the June 26, 2007 and not from September 26, 1996 the date on which the Centre issued notification for collection of the cess from the bills payable to the contractors on the cost construction incurred by the employer".
APPSC told to submit marks of Group 1 test
By S A Ishaqui
Hyderabad, July 15: The AP High Court asked the Andhra Pradesh Public Service Commission to furnish details of least marks obtained by the candidates in the Group 1 preliminary examinations by Wednesday.
A division bench comprising Justice Ghulam Mohammed and Justice C.V. Ramulu asked the Advocate-General to submit the marks of SC, ST , BC, Open Category besides women candidates.
Mr Baloji Badhavath and 31 others have challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
The court earlier directed the APPSC to furnish the category-wise data of selected candidates for Group 1 main examinations.
Mr S.Ramachandra Rao, senior counsel for the petitioners argued that the category-wise data submitted by the APPSC substantiated the petitioners contention that the APPSC has violated the right to equal opportunity guaranteed under Article 16 of the Constitution.
He said that the commission has selected 924 women candidates instead of selecting 2850 candidates as per 33.33 per cent reservation for women this year.
Hyderabad, July 15: The AP High Court asked the Andhra Pradesh Public Service Commission to furnish details of least marks obtained by the candidates in the Group 1 preliminary examinations by Wednesday.
A division bench comprising Justice Ghulam Mohammed and Justice C.V. Ramulu asked the Advocate-General to submit the marks of SC, ST , BC, Open Category besides women candidates.
Mr Baloji Badhavath and 31 others have challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
The tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
The court earlier directed the APPSC to furnish the category-wise data of selected candidates for Group 1 main examinations.
Mr S.Ramachandra Rao, senior counsel for the petitioners argued that the category-wise data submitted by the APPSC substantiated the petitioners contention that the APPSC has violated the right to equal opportunity guaranteed under Article 16 of the Constitution.
He said that the commission has selected 924 women candidates instead of selecting 2850 candidates as per 33.33 per cent reservation for women this year.
Tuesday, July 15, 2008
Railways, state fight on road widening
By S A Ishaqui
Hyderabad, July 14: The South Central Railway and the Greater Hyderabad Municipal Corporation have flung accusations at each other before the High Court over the acquisition of railway properties for road widening between Tarnaka and Sangeet theatre in the city.
The Special Deputy Collector for Land Acquisition in GHMC had issued a notification for acquiring railway properties on May 30 this year. The SCR challenged the notification and the High Court stayed the notification till further orders.
In its submission, the SCR said that the state government cannot initiate land acquisition proceedings against it. It quoted a direction of Supreme Court that land owned by the state on which there are no private rights or encumbrances was beyond the purview of the Land Acquisition Act.
It further alleged in its petition that the GHMC adopted dilatory tactics with an intention to grab its property.
However, in its counter, the GHMC refuted allegations and said it was surprising that the SCR had expressed willingness to cooperate with road widening and had then refused to agree to the compensation fixed by the district collector.
It alleged that the present writ was filed with an intention to arm-twist the GHMC into agreeing to the demands of the SCR. On the one hand the SCR says that they are willing to part the land and on the other hand they say that the GHMC has no authority to invoke the Land Acquisition Act. It was the adamant attitude of the SCR that had forced it to invoke the Act, said the GHMC.
The Municipal Corporation said in fact the Inner Ring Road not only connects International Airport, but also connects the Secundrabad railway station, which is an important railway junction.
The GHMC informed the court that 10,600 square yards of belonging to 30 individuals and other Union Government public authorities including NGRI, CCMB, IICT, Survey of India, DRDL, DMRL, DRDO and NIN acquired by the corporation on free of cost under private negotiations.
Mr Pouluri Bhaskar, counsel for the SCR, said "it is not a question of compensation, if we allow the GHMC to bulldoze our properties on which it did not have any right, it will become a precedent for others".
However, the High Court on Monday heard arguments on a PIL filed by the K Manikpabhu and others challenging stopping of the road widening programme abruptly on the stretch. The SCR argued that the petition was infructuos as the court stayed the land acquisition proceedings. The petitioners sought a week time and the case was posted for next week.
Hyderabad, July 14: The South Central Railway and the Greater Hyderabad Municipal Corporation have flung accusations at each other before the High Court over the acquisition of railway properties for road widening between Tarnaka and Sangeet theatre in the city.
The Special Deputy Collector for Land Acquisition in GHMC had issued a notification for acquiring railway properties on May 30 this year. The SCR challenged the notification and the High Court stayed the notification till further orders.
In its submission, the SCR said that the state government cannot initiate land acquisition proceedings against it. It quoted a direction of Supreme Court that land owned by the state on which there are no private rights or encumbrances was beyond the purview of the Land Acquisition Act.
It further alleged in its petition that the GHMC adopted dilatory tactics with an intention to grab its property.
However, in its counter, the GHMC refuted allegations and said it was surprising that the SCR had expressed willingness to cooperate with road widening and had then refused to agree to the compensation fixed by the district collector.
It alleged that the present writ was filed with an intention to arm-twist the GHMC into agreeing to the demands of the SCR. On the one hand the SCR says that they are willing to part the land and on the other hand they say that the GHMC has no authority to invoke the Land Acquisition Act. It was the adamant attitude of the SCR that had forced it to invoke the Act, said the GHMC.
The Municipal Corporation said in fact the Inner Ring Road not only connects International Airport, but also connects the Secundrabad railway station, which is an important railway junction.
The GHMC informed the court that 10,600 square yards of belonging to 30 individuals and other Union Government public authorities including NGRI, CCMB, IICT, Survey of India, DRDL, DMRL, DRDO and NIN acquired by the corporation on free of cost under private negotiations.
Mr Pouluri Bhaskar, counsel for the SCR, said "it is not a question of compensation, if we allow the GHMC to bulldoze our properties on which it did not have any right, it will become a precedent for others".
However, the High Court on Monday heard arguments on a PIL filed by the K Manikpabhu and others challenging stopping of the road widening programme abruptly on the stretch. The SCR argued that the petition was infructuos as the court stayed the land acquisition proceedings. The petitioners sought a week time and the case was posted for next week.
Saturday, July 12, 2008
Global tenders for red sanders
By S A Ishaqui
Hyderabad, July 11: The AP High Court on Friday upheld the decision of the government in inviting global tenders for selling stocks of red sanders available with it.
The court dismissed a petition filed by A.T. Maideen challenging the issuance of global tenders.
Justice B. Seshasayana Reddy, while delivering the orders of dismissal, agreed with the contention of the government that it has a right of sale of red sanders in global market and it would not in any way hamper the Exim policy of the government of India.
The government informed the court that the successful bidder has to obtain permission from the Ministry of Commerce to export the logs.The Forest Department issued a notification on November 22, 2007 inviting tenders for the red sanders sale. Earlier he court stayed all further proceedings including opening of the tenders submitted by the various agencies. The court vacated the stay orders.
The court dismissed a petition filed by A.T. Maideen challenging the issuance of global tenders.
Justice B. Seshasayana Reddy, while delivering the orders of dismissal, agreed with the contention of the government that it has a right of sale of red sanders in global market and it would not in any way hamper the Exim policy of the government of India.
The government informed the court that the successful bidder has to obtain permission from the Ministry of Commerce to export the logs.The Forest Department issued a notification on November 22, 2007 inviting tenders for the red sanders sale. Earlier he court stayed all further proceedings including opening of the tenders submitted by the various agencies. The court vacated the stay orders.
Court faults RTC decision
By S A Ishaqui
Hyderabad, July 11 :The AP High Court on Friday found fault with APSRTC management in placing one of its bus drivers under suspension and directed the management to withdraw the suspension orders with immediate effect. Mr. T.S.P. Reddy, driver of Nellore bus depot, was placed under suspension on charges of stealing gold ornaments from a passenger’s bag left behind in the bus.
The RTC inquiry committee investigated the issue and suspended him on June 27. The driver had approached the court informing it that he is innocent and that it was he who had telephoned the bag owner after he found a telephone number in the bag.
The passenger had forgot to take his bag while getting down from the bus.
The RTC enquiry committee inquired into the issue and subsequently the driver was placed under suspension on June 27 this year.
The driver had approached the court informing it that he is innocent and that he was the person who had telephoned the bag owner stating that the bag would be handed over to the Depot Clerk.
The driver had found the telephone number of owner in the bag.
However, when the passenger came to take back his bag, he found some of the gold ornaments missing and subsequently lodged a complaint with the RTC higher officials.
The court expressed its anguish over the way the management has dealt with the entire case.
After hearing the details of the case, Justice L Narasimha Reddy observed that: "The RTC management is setting a bad precedent by punishing a good Samaritan. If this is the treatment for an honest employee, no one would dare to attempt to return the belongings of the passengers who forget them in the buses".
The judge further observed that: "if driver has had any intention to take away the property, he would have never attempted to call the owner of the bag and could have simply walked away with it. The driver has displayed his honesty by calling up the bag owner even before handing over the bag in the Depot ".
The judge said the RTC enquiry committee seems to have not conducted an n-depth inquiry into the incident. The court directed that suspension orders should be withdrawn immediately.
The RTC inquiry committee investigated the issue and suspended him on June 27. The driver had approached the court informing it that he is innocent and that it was he who had telephoned the bag owner after he found a telephone number in the bag.
The passenger had forgot to take his bag while getting down from the bus.
The RTC enquiry committee inquired into the issue and subsequently the driver was placed under suspension on June 27 this year.
The driver had approached the court informing it that he is innocent and that he was the person who had telephoned the bag owner stating that the bag would be handed over to the Depot Clerk.
The driver had found the telephone number of owner in the bag.
However, when the passenger came to take back his bag, he found some of the gold ornaments missing and subsequently lodged a complaint with the RTC higher officials.
The court expressed its anguish over the way the management has dealt with the entire case.
After hearing the details of the case, Justice L Narasimha Reddy observed that: "The RTC management is setting a bad precedent by punishing a good Samaritan. If this is the treatment for an honest employee, no one would dare to attempt to return the belongings of the passengers who forget them in the buses".
The judge further observed that: "if driver has had any intention to take away the property, he would have never attempted to call the owner of the bag and could have simply walked away with it. The driver has displayed his honesty by calling up the bag owner even before handing over the bag in the Depot ".
The judge said the RTC enquiry committee seems to have not conducted an n-depth inquiry into the incident. The court directed that suspension orders should be withdrawn immediately.
Realtors cry foul
By S A ishaqui
Hyderabad, July 11 :The AP High Court on Friday suggested that the government consider the grievances of real estate developers who have challenged the modifications in the Master Plan of the Hyderabad Urban Development Authority area. Mr S. Narender Reddy and others challenged the modification brought out by the government in the Master Plan through an order on April 4, 2008. They challenged the regulations including reserving of 10 per cent of the land in the total area of a layout to be given free of cost to Huda.
The petitioners objected providing housing accommodation to economically weaker section and to reserve area for middle and higher income groups in the layout.
A division bench comprising Chief Justice A R Dave and Justice R Subhash Reddy while dealing with the petition told Mr. K G Krishna Murthy, counsel for the General Administration Department that: "Let the government consider the issue."
The petitioners argued that there was no authority, power or jurisdiction to the state government to direct them that any area must be given to the Huda free of cost.
Mr Krishna Murhty said that let the petitioners submit another representation then he would ask the government to look into it.
Justice Dave said "Let's treat this writ petition as a representation and review their grievances and inform us the response of the government within two weeks".
Hyderabad, July 11 :The AP High Court on Friday suggested that the government consider the grievances of real estate developers who have challenged the modifications in the Master Plan of the Hyderabad Urban Development Authority area. Mr S. Narender Reddy and others challenged the modification brought out by the government in the Master Plan through an order on April 4, 2008. They challenged the regulations including reserving of 10 per cent of the land in the total area of a layout to be given free of cost to Huda.
The petitioners objected providing housing accommodation to economically weaker section and to reserve area for middle and higher income groups in the layout.
A division bench comprising Chief Justice A R Dave and Justice R Subhash Reddy while dealing with the petition told Mr. K G Krishna Murthy, counsel for the General Administration Department that: "Let the government consider the issue."
The petitioners argued that there was no authority, power or jurisdiction to the state government to direct them that any area must be given to the Huda free of cost.
Mr Krishna Murhty said that let the petitioners submit another representation then he would ask the government to look into it.
Justice Dave said "Let's treat this writ petition as a representation and review their grievances and inform us the response of the government within two weeks".
Thursday, July 10, 2008
Judges see trap, take back land request
By Shariff Ameeruddin Ishaqui
Hyderabad, July 9: Judges of the Andhra Pradesh High Court have unanimously decided to withdraw their request for house sites made in 2004 to the state government.
The general body of the Mutually Aided Co-operative Housing Society of Judges of the AP High Court also requested the government to withdraw GO Ms No 42 issued on March 23 this year for allotment of land to the society.
The general body took the decision on Wednesday which was communicated to the government. The judges had made a representation through the society on March 15, 2004, to the government with a request to allot land at reasonable rates.
According to the sources, majority of the judges opined that had there been any genuine intention on the part of the government to address their problems, it could have adopted a non-controversial approach to the mater.
They felt the request made by the society appeared to have been used for the “dual purpose” of clearing allotment of huge extents of land to other sections, and grouping them along with the judges’ request.
The meeting opined that it was an attempt to push the institution of judiciary into a vulnerable situation. The meeting saw it as “almost a trap, laid and fabricated by intelligent brains.”
“The option before us is either to inadvertently walk in to the trap and to struggle in vain to come out of it,” the meeting resolved, or to call the bluff of those who laid the trap.
The society clarified that it cannot “permit the attempts of anyone, whether open or camouflaged, to damage the reputation of the institution.”
Hyderabad, July 9: Judges of the Andhra Pradesh High Court have unanimously decided to withdraw their request for house sites made in 2004 to the state government.
The general body of the Mutually Aided Co-operative Housing Society of Judges of the AP High Court also requested the government to withdraw GO Ms No 42 issued on March 23 this year for allotment of land to the society.
The general body took the decision on Wednesday which was communicated to the government. The judges had made a representation through the society on March 15, 2004, to the government with a request to allot land at reasonable rates.
According to the sources, majority of the judges opined that had there been any genuine intention on the part of the government to address their problems, it could have adopted a non-controversial approach to the mater.
They felt the request made by the society appeared to have been used for the “dual purpose” of clearing allotment of huge extents of land to other sections, and grouping them along with the judges’ request.
The meeting opined that it was an attempt to push the institution of judiciary into a vulnerable situation. The meeting saw it as “almost a trap, laid and fabricated by intelligent brains.”
“The option before us is either to inadvertently walk in to the trap and to struggle in vain to come out of it,” the meeting resolved, or to call the bluff of those who laid the trap.
The society clarified that it cannot “permit the attempts of anyone, whether open or camouflaged, to damage the reputation of the institution.”
Babu asked to appear in HC
By S A Ishaqui
Hyderabad, July 9: The Andhra Pradesh High Court on Wednesday summoned the principal secretary, home department, Government of Andhra Pradesh, to appear before the court on July 23 in connection with the withdrawal of the prosecution in a case.
While dealing with a petition filed by Dr D. Bharathi, of Secunderabad, challenging the Government Order of withdrawing the prosecution against Ms D. Rama Bharathi, D.S. Murthy (retired IAS officer), and his wife, Ms D. Tilothamma, Justice G. Raghuram found fault with the language used while drafting the order.
The judge asked the principal secretary to appear in person before the court and explain the withdrawal of the case. Dr Bharathi had alleged that Rama Bharathi, daughter of Mr Murthy, had submitted false affidavits for the purpose of transfer of property.
She also alleged that Rama Bharathi had signed several affidavits stating that she was a major though she was minor at the time of deposing the affidavits, with the connivance of Mr Murthy and his wife.
She informed the court that the state issued a GO on September 18, 2006, facilitating the withdrawal of the prosecution pending in the Second Additional Metropolitan Magistrate, Nampally Criminal Courts.
Hyderabad, July 9: The Andhra Pradesh High Court on Wednesday summoned the principal secretary, home department, Government of Andhra Pradesh, to appear before the court on July 23 in connection with the withdrawal of the prosecution in a case.
While dealing with a petition filed by Dr D. Bharathi, of Secunderabad, challenging the Government Order of withdrawing the prosecution against Ms D. Rama Bharathi, D.S. Murthy (retired IAS officer), and his wife, Ms D. Tilothamma, Justice G. Raghuram found fault with the language used while drafting the order.
The judge asked the principal secretary to appear in person before the court and explain the withdrawal of the case. Dr Bharathi had alleged that Rama Bharathi, daughter of Mr Murthy, had submitted false affidavits for the purpose of transfer of property.
She also alleged that Rama Bharathi had signed several affidavits stating that she was a major though she was minor at the time of deposing the affidavits, with the connivance of Mr Murthy and his wife.
She informed the court that the state issued a GO on September 18, 2006, facilitating the withdrawal of the prosecution pending in the Second Additional Metropolitan Magistrate, Nampally Criminal Courts.
Dad gets prison for school shift
By S A Ishaqui
Hyderabad, July 9: The Andhra Pradesh High Court on Wednesday sentenced a man to two months imprisonment for admitting his daughter to a school other than the one specified by the court on an earlier occasion.
While giving the custody of the child to her father earlier, the court had made it clear that she should be allowed to continue in the same school where she was studying.
Justice C.Y. Somayajulu issued the order to jail the man for contempt of court after the mother of the child filed a petition alleging that he had deliberately and flagrantly disobeyed the orders of the HC passed on April 24, 2007.
The couple is living apart and a petition pertaining to their separation is pending in a lower court. The father had custody of the daughter who had crossed the age of seven years.
The High Court had directed the petitioner’s husband to hand over the custody of the girl to the mother during summer vacation and asked him not to shift her school without prior intimation to the court.
Justice Somayajulu did not accept the man’s contention that he changed the school as per the wish of his daughter.
The court said nothing could have stopped him from informing the court and obtaining its permission.
Hyderabad, July 9: The Andhra Pradesh High Court on Wednesday sentenced a man to two months imprisonment for admitting his daughter to a school other than the one specified by the court on an earlier occasion.
While giving the custody of the child to her father earlier, the court had made it clear that she should be allowed to continue in the same school where she was studying.
Justice C.Y. Somayajulu issued the order to jail the man for contempt of court after the mother of the child filed a petition alleging that he had deliberately and flagrantly disobeyed the orders of the HC passed on April 24, 2007.
The couple is living apart and a petition pertaining to their separation is pending in a lower court. The father had custody of the daughter who had crossed the age of seven years.
The High Court had directed the petitioner’s husband to hand over the custody of the girl to the mother during summer vacation and asked him not to shift her school without prior intimation to the court.
Justice Somayajulu did not accept the man’s contention that he changed the school as per the wish of his daughter.
The court said nothing could have stopped him from informing the court and obtaining its permission.
Tuesday, July 8, 2008
Group 1 exam challenged
By S A Ishaqui
Hyderabad, July 8: Several candidates who appeared for screening of Group I posts, have challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
Baloji Badhavath and 31 others, in their petition stated that the tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
Hyderabad, July 8: Several candidates who appeared for screening of Group I posts, have challenged the orders of the AP Administrative Tribunal on publishing results of examinations conducted by the AP Public Service Commission.
Baloji Badhavath and 31 others, in their petition stated that the tribunal passed an order on July 4 upholding the clause of the GO Ms. No. 570, that the number of candidates admitted to the written examinations would be 50 times the total number of vacancies available at the time irrespective of communities.
Court admits Tsundur plea
By S A Ishaqui
Hyderabad,July 8 : The AP High Court on Monday admitted a criminal revision petition filed by the family members of the Tsundur massacre victims.
The petitioners, Ms Mandru Tulasamma, Ms Angalakuduru Kotiratnam and Ms Jaladi Neelamma, appealed to the court to set aside the judgement awarded by the Special Session Judge-cum-IV additional session judge Guntur on July 31, 2007.
The special judge had sentenced 21 people to life imprisonment and 35 others to one year rigorous imprisonment besides a penalty of Rs 2,000 each. Eight dalits were killed and several others were injured allegedly by upper caste people on August 6, 1991 at Tsundur village in Guntur district.
The police had filed a chargesheet against 219 accused of whom 33 people died during the course of the hearing and seven were let off as the police did not find evidence against them. Of the 56 convicted, 21 were found guilty of charges under Section 302 of the IPC.
The petitioners alleged that the trial court failed to hold the accused in charge of rioting with dangerous weapons under Section 148 IPC.
The petitioners submitted that the sentence awarded by the trial court is inadequate for the offences under Section 148, 201 and 324 of IPC and urged the High Court to punish the other 107 accused. Justice G. Yethirajulu issued notice to the respondents while admitting the petition.
Hyderabad,July 8 : The AP High Court on Monday admitted a criminal revision petition filed by the family members of the Tsundur massacre victims.
The petitioners, Ms Mandru Tulasamma, Ms Angalakuduru Kotiratnam and Ms Jaladi Neelamma, appealed to the court to set aside the judgement awarded by the Special Session Judge-cum-IV additional session judge Guntur on July 31, 2007.
The special judge had sentenced 21 people to life imprisonment and 35 others to one year rigorous imprisonment besides a penalty of Rs 2,000 each. Eight dalits were killed and several others were injured allegedly by upper caste people on August 6, 1991 at Tsundur village in Guntur district.
The police had filed a chargesheet against 219 accused of whom 33 people died during the course of the hearing and seven were let off as the police did not find evidence against them. Of the 56 convicted, 21 were found guilty of charges under Section 302 of the IPC.
The petitioners alleged that the trial court failed to hold the accused in charge of rioting with dangerous weapons under Section 148 IPC.
The petitioners submitted that the sentence awarded by the trial court is inadequate for the offences under Section 148, 201 and 324 of IPC and urged the High Court to punish the other 107 accused. Justice G. Yethirajulu issued notice to the respondents while admitting the petition.
AG refutes MLC’s charges
By S A Ishaqui
Hyderabad, July 7: Advocate-General C.V. Mohan Reddy on Monday refuted the charges of the MLC, Mr Y.B. Rajendra Prasad of the Telugu Desam on the sanction of Rs 992 crore for development of basic amenities in rural areas.
While arguing before Justice Ms G. Rohini on a petition filed by the MLC challenging the GO MS No. 13 , the advocate-general said the works would be awarded to the self-help groups and other committees on nomination basis in accordance with the Panchayat Raj Act.
He submitted that the district minister was made in-charge of the scheme to identify the works needed in the village. The sarpanch of the village has the power to supervise the works along with officials concerned.
He said that the contention of the petitioners, that the government issued the GO only to rehabilitate its party workers and the petition was filed only to get political benefits, was baseless.
He told the court that a similar petition filed by another TD leader was pending before a division bench. Justice Rohini directed the registry to post the petition before the division bench.
Hyderabad, July 7: Advocate-General C.V. Mohan Reddy on Monday refuted the charges of the MLC, Mr Y.B. Rajendra Prasad of the Telugu Desam on the sanction of Rs 992 crore for development of basic amenities in rural areas.
While arguing before Justice Ms G. Rohini on a petition filed by the MLC challenging the GO MS No. 13 , the advocate-general said the works would be awarded to the self-help groups and other committees on nomination basis in accordance with the Panchayat Raj Act.
He submitted that the district minister was made in-charge of the scheme to identify the works needed in the village. The sarpanch of the village has the power to supervise the works along with officials concerned.
He said that the contention of the petitioners, that the government issued the GO only to rehabilitate its party workers and the petition was filed only to get political benefits, was baseless.
He told the court that a similar petition filed by another TD leader was pending before a division bench. Justice Rohini directed the registry to post the petition before the division bench.
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