By S A Ishaqui
Hyderabad, May 20 : The Andhra Pradesh High Court on Wednesday directed the XIV Additional Chief Metropolitan Magistrate Court at Nampally to dispose of a petition filed by the Enforcement Directorate (ED) seeking a direction to permit them to record the statements of the former chairman of Satyam Computer Services Ltd, Mr B. Ramalinga Raju, and others by June 1.
The assistant director of the ED, Mr L.V. Rao, told the court that they had registered a case against Mr Ramalinga Raju and his brother, Mr B. Rama Raju, the former Satyam CFO, Mr Vadlamani Srinivas, and the two auditors, Mr Sriniva Talluri and Mr S. Gopalakrishnan, under the Prevention of Money Laundering Act.
The assistant solicitor-general, Mr A. Rajasekhar Reddy, while arguing on behalf the ED told the court that a petition was filed in the lower court on April 2, seeking permission to record the statement of the accused in the case.
He complained that the lower court has been delaying the matter.
Thursday, May 21, 2009
AP High court stays criminal cases against Y S Jagan Mohan Reddy
By S A Ishaqui
Hyderabad,May 20: The Andhra Pradesh High Court on Wednesday stayed all criminal proceedings against the Kadapa MP-elect, Mr Y.S Jaganmohan Reddy.
The Narsaraopet police had registered a case against Mr Jaganmohan Reddy, the son of the Chief Minister, Dr Y.S. Rajasekhar Reddy, on alleged violation of model code of conduct at an election rally on April 9, 2009.
The court of the First Additional Judicial First Class Magistrate had issued a non-bailable warrant against him.However, Mr Jaganmohan Reddy moved the High Court seeking a direction to quash all proceedings against him.
His counsel, Mr T. Pradyumna Kumar Reddy, argued that according to the instructions of the Election Commission, all political parties can canvas till 10 pm and beyond that till 11 pm without using the public address system.
He contended that Mr Jaganmohan Reddy was proceeding towards Guntur road waving hands and without using the mike. Therefore, there was no violation of election code.
Justice P.V. Sanjay Kumar, while dealing with the petition, recalled the non-bailable warrant issued by the lower court against Mr Jaganmohan Reddy.
Hyderabad,May 20: The Andhra Pradesh High Court on Wednesday stayed all criminal proceedings against the Kadapa MP-elect, Mr Y.S Jaganmohan Reddy.
The Narsaraopet police had registered a case against Mr Jaganmohan Reddy, the son of the Chief Minister, Dr Y.S. Rajasekhar Reddy, on alleged violation of model code of conduct at an election rally on April 9, 2009.
The court of the First Additional Judicial First Class Magistrate had issued a non-bailable warrant against him.However, Mr Jaganmohan Reddy moved the High Court seeking a direction to quash all proceedings against him.
His counsel, Mr T. Pradyumna Kumar Reddy, argued that according to the instructions of the Election Commission, all political parties can canvas till 10 pm and beyond that till 11 pm without using the public address system.
He contended that Mr Jaganmohan Reddy was proceeding towards Guntur road waving hands and without using the mike. Therefore, there was no violation of election code.
Justice P.V. Sanjay Kumar, while dealing with the petition, recalled the non-bailable warrant issued by the lower court against Mr Jaganmohan Reddy.
Tuesday, May 19, 2009
AP High Court : Give free copy of order to accused
By S A Ishaqui
Hyderabad, May 18: The AP High Court declared that even in criminal appeals, the accused are entitled to free copies of judgements.
Justice Gopala Krishna Tamada, while declaring that the practice adopted by the Hyderabad metropolitan sessions judge court was totally contrary to the law, observed that “according to Section 387 of the CrPC read with Rule 72 of the Criminal Rules of Practice, it is clear that even in criminal appeals the accused are entitled to free copies of judgements.”
The judge was dealing with a criminal revision petition filed by one Ajay Vanamali, an accused in a case challenging the dismissal of his criminal appeal by the metropolitan sessions judge.
The sessions judge in his report, told the HC that any person affected by a judgement passed by the criminal court is entitled to a copy only on payment of prescribed charges.
The HC did not agree and asked the court to furnish a copy of the judgement for free.
Hyderabad, May 18: The AP High Court declared that even in criminal appeals, the accused are entitled to free copies of judgements.
Justice Gopala Krishna Tamada, while declaring that the practice adopted by the Hyderabad metropolitan sessions judge court was totally contrary to the law, observed that “according to Section 387 of the CrPC read with Rule 72 of the Criminal Rules of Practice, it is clear that even in criminal appeals the accused are entitled to free copies of judgements.”
The judge was dealing with a criminal revision petition filed by one Ajay Vanamali, an accused in a case challenging the dismissal of his criminal appeal by the metropolitan sessions judge.
The sessions judge in his report, told the HC that any person affected by a judgement passed by the criminal court is entitled to a copy only on payment of prescribed charges.
The HC did not agree and asked the court to furnish a copy of the judgement for free.
Saturday, May 16, 2009
Justice, 5 years after death
By S A Ishaqui
Hyderabad, May 15: A man accused of theft in 1985 got justice at the AP High Court on Friday, five years after his death. Singareni Collieries, the employer, pursued the case even after the man was cleared thrice at different levels.
Edla Chinna Mallaiah fo-ught for nearly two decades to clear his name and died in 2004.
A division bench comprising Justice V. Eswaraiah and Justice P.V. Sanjay Kumar declared Mallaiah innocent.
Mallaiah, employed by Singareni Collieries in 1981, was dismissed on February 5, 1985, on the charge of theft of detonators from the company’s storehouse of explosives.
According to the company, Mallaiah had taken away 40 detonators from the magazine clerk on January 9, 1984.
A police case was registered against Mallaiah and the company initiated a departmental inquiry against him. According to the petitioner, he did not attend duty that day.
The judicial magistrate at Sultanabad acquitted Mallaiah, but the company dismissed him based on an adverse report submitted by the enquiry officer.
Mallaiah challenged the removal in the Industrial Disputes Tribunal. Faulting the company, the tribunal ordered his reinstatement with back wages in 1993. The company moved the High Court against the order.
A single judge dismissed the Singareni Collieries case in the year 2000 and confirmed the award of the tribunal. Despite these three adverse verdicts, Singareni Collieries appealed to a division bench against the single judge’s order. During the hearing of the case,Mallaiah died on June 30, 2004.
In its judgment, the division bench of the AP High Court found lapses in the chargesheet and the inquiry proceedings. “It was not known how a person will be able to take the detonators from the premises of the company, which is surrounded by a compound wall with full security.”
Though Mallaiah superannuated on attaining the age of 60 years by January 17, 1989, the management pursued the case.
The court held that Mallaiah’s legal heir is entitled to all the consequential benefits as per the 1993 award of the Industrial Disputes Tribunal.
Hyderabad, May 15: A man accused of theft in 1985 got justice at the AP High Court on Friday, five years after his death. Singareni Collieries, the employer, pursued the case even after the man was cleared thrice at different levels.
Edla Chinna Mallaiah fo-ught for nearly two decades to clear his name and died in 2004.
A division bench comprising Justice V. Eswaraiah and Justice P.V. Sanjay Kumar declared Mallaiah innocent.
Mallaiah, employed by Singareni Collieries in 1981, was dismissed on February 5, 1985, on the charge of theft of detonators from the company’s storehouse of explosives.
According to the company, Mallaiah had taken away 40 detonators from the magazine clerk on January 9, 1984.
A police case was registered against Mallaiah and the company initiated a departmental inquiry against him. According to the petitioner, he did not attend duty that day.
The judicial magistrate at Sultanabad acquitted Mallaiah, but the company dismissed him based on an adverse report submitted by the enquiry officer.
Mallaiah challenged the removal in the Industrial Disputes Tribunal. Faulting the company, the tribunal ordered his reinstatement with back wages in 1993. The company moved the High Court against the order.
A single judge dismissed the Singareni Collieries case in the year 2000 and confirmed the award of the tribunal. Despite these three adverse verdicts, Singareni Collieries appealed to a division bench against the single judge’s order. During the hearing of the case,Mallaiah died on June 30, 2004.
In its judgment, the division bench of the AP High Court found lapses in the chargesheet and the inquiry proceedings. “It was not known how a person will be able to take the detonators from the premises of the company, which is surrounded by a compound wall with full security.”
Though Mallaiah superannuated on attaining the age of 60 years by January 17, 1989, the management pursued the case.
The court held that Mallaiah’s legal heir is entitled to all the consequential benefits as per the 1993 award of the Industrial Disputes Tribunal.
Friday, May 8, 2009
Techie gets ‘sweeping’ order
By S A Ishaqui
Hyderabad,May 7: The Andhra Pradesh High Court has literally given a “sweeping” sentence to a techie for eve-teasing. Dinesh Kumar, 21, a software engineer, has been asked by the court to sweep the premises of the Gandhi Hospital for an hour every day for one month. He can choose the hour according to his convenience.
Legal experts said this was for first time in the history of the High Court that such a punishment has been awarded to anyone. Malkajgiri police had charged cases against Dinesh and one Venkat Krishna for pulling at the duppattas of two young women at Gowthamnagar on March 21.
It was while dealing with Dinesh’s anticipatory bail plea that Justice B. Chandra Kumar pronounced the unique sentence. He also directed the superintendent of Gandhi Hospital to maintain a register to see to it that the techie did sweep the premises every day.
The High Court also asked Dinesh to surrender before the Malkajgiri police station within seven days from May 6 and directed the police to release him on bail once he surrenders.
Hyderabad,May 7: The Andhra Pradesh High Court has literally given a “sweeping” sentence to a techie for eve-teasing. Dinesh Kumar, 21, a software engineer, has been asked by the court to sweep the premises of the Gandhi Hospital for an hour every day for one month. He can choose the hour according to his convenience.
Legal experts said this was for first time in the history of the High Court that such a punishment has been awarded to anyone. Malkajgiri police had charged cases against Dinesh and one Venkat Krishna for pulling at the duppattas of two young women at Gowthamnagar on March 21.
It was while dealing with Dinesh’s anticipatory bail plea that Justice B. Chandra Kumar pronounced the unique sentence. He also directed the superintendent of Gandhi Hospital to maintain a register to see to it that the techie did sweep the premises every day.
The High Court also asked Dinesh to surrender before the Malkajgiri police station within seven days from May 6 and directed the police to release him on bail once he surrenders.
Wednesday, May 6, 2009
Employee can’t claim choice transfer
By S A Ishaqui
Hyderabad,May 5: The Andhra Pradesh High Court has held that transfer is incidental to service and no employee can claim any right to be transferred to a particular place.
A division bench comprising Justice Ghulam Mohammed and Justice P.V. Sanjay Kumar while dismissing a petition filed by Mr P. Yagna Narayan, a sub-registrar, observed that “it is always open to the government to transfer an employee, if the situation warrants in the course of disciplinary action.’’
The petitioner, who was a sub-registrar grade-I at Patamata of Vijayawada, Krishna district, was transferred and posted at Kavutaram in Krishna district on March 2, 2009.
He challenged the transfer orders before the AP Administrative Tribunal and the tribunal dismissed his application on the ground that the petitioner was transferred after following due procedure, there was no illegality or irregularity in the order.
Aggrieved by the order of the tribunal, Mr Yagna Narayana filed a writ in the High Court. The petitioner contended that the impugned transfer order was passed by the government at the behest of the Chief Minister.
He argued that the order was in violation of the executive instructions issued by the commissioner and inspector-general of registration and stamps department on May 31, 2008.
He told the court that according to the memo issued by the IG of registration and stamps, an employee with less than two years of service in the present place of work as on April 30, 2008 should not be transferred.
He said that he has completed one year five months service in sub-registrar office atPatamata.During the course of hearing, the court called the records pertaining to the transfer.
The court found that the anti-corruption bureau conducted a raid in the office of the sub-registrar at Patamata, and the petitioner was found in unauthorised possession of Rs 40,000 and there were other serious allegations against him.
The court also noticed that the director-general of the ACB recommended to the government to take action against the petitioner besides transferring him to a non-focal place.
The bench did not agree with the contention of the petitioner that he cannot be transferred without completion of two years as per the instructions.The court said the contention cannot be sustained in view of the fact that the said instructions are applicable only to the employees who are not facing any allegations or involved in ACB cases.
The court observed that as several allegations were made against the petitioner besides his involvement in the ACB case, there was every possibility of hampering the investigation if he is retained at the place.
Hyderabad,May 5: The Andhra Pradesh High Court has held that transfer is incidental to service and no employee can claim any right to be transferred to a particular place.
A division bench comprising Justice Ghulam Mohammed and Justice P.V. Sanjay Kumar while dismissing a petition filed by Mr P. Yagna Narayan, a sub-registrar, observed that “it is always open to the government to transfer an employee, if the situation warrants in the course of disciplinary action.’’
The petitioner, who was a sub-registrar grade-I at Patamata of Vijayawada, Krishna district, was transferred and posted at Kavutaram in Krishna district on March 2, 2009.
He challenged the transfer orders before the AP Administrative Tribunal and the tribunal dismissed his application on the ground that the petitioner was transferred after following due procedure, there was no illegality or irregularity in the order.
Aggrieved by the order of the tribunal, Mr Yagna Narayana filed a writ in the High Court. The petitioner contended that the impugned transfer order was passed by the government at the behest of the Chief Minister.
He argued that the order was in violation of the executive instructions issued by the commissioner and inspector-general of registration and stamps department on May 31, 2008.
He told the court that according to the memo issued by the IG of registration and stamps, an employee with less than two years of service in the present place of work as on April 30, 2008 should not be transferred.
He said that he has completed one year five months service in sub-registrar office atPatamata.During the course of hearing, the court called the records pertaining to the transfer.
The court found that the anti-corruption bureau conducted a raid in the office of the sub-registrar at Patamata, and the petitioner was found in unauthorised possession of Rs 40,000 and there were other serious allegations against him.
The court also noticed that the director-general of the ACB recommended to the government to take action against the petitioner besides transferring him to a non-focal place.
The bench did not agree with the contention of the petitioner that he cannot be transferred without completion of two years as per the instructions.The court said the contention cannot be sustained in view of the fact that the said instructions are applicable only to the employees who are not facing any allegations or involved in ACB cases.
The court observed that as several allegations were made against the petitioner besides his involvement in the ACB case, there was every possibility of hampering the investigation if he is retained at the place.
Tuesday, May 5, 2009
Petition filed on deemed varsity status
By S A Ishaqui
Hyderabad,May 4: A public interest litigation was filed in the Andhra Pradesh High Court on Monday seeking a direction to the University Grants Commission to submit a status report to the court regarding affairs of the deemed universities in the state.
Mr G. Eswaraiah, general secretary of the All India Youth Federation filed the PIL alleging that the UGC granted deemed university status to various private educational institutions without framing guidelines or fixing fee structure to be collected from the students.
The petitioner told the court that the UGC did not even constitute inspection committees to check the institutions which were seeking the status.He submitted to the court that there was no regulatory mechanism or measures available with the UGC to determine the student strength in a course of study offered by the deemed universities.
The petitioner informed the court that the UGC granted deemed university status to GITAM University at Visakhapatnam and Vignan University at Guntur.
He contended that declaring an institution as deemed university under Section 3 of the UGC Act 1956 offends Article 14 of the Constitution
Hyderabad,May 4: A public interest litigation was filed in the Andhra Pradesh High Court on Monday seeking a direction to the University Grants Commission to submit a status report to the court regarding affairs of the deemed universities in the state.
Mr G. Eswaraiah, general secretary of the All India Youth Federation filed the PIL alleging that the UGC granted deemed university status to various private educational institutions without framing guidelines or fixing fee structure to be collected from the students.
The petitioner told the court that the UGC did not even constitute inspection committees to check the institutions which were seeking the status.He submitted to the court that there was no regulatory mechanism or measures available with the UGC to determine the student strength in a course of study offered by the deemed universities.
The petitioner informed the court that the UGC granted deemed university status to GITAM University at Visakhapatnam and Vignan University at Guntur.
He contended that declaring an institution as deemed university under Section 3 of the UGC Act 1956 offends Article 14 of the Constitution
Sunday, May 3, 2009
AP High Court : Include I-T chief in tax appeal
By S A Ishaqui
Hyderabad, May 2: A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the AP High Court has asked a petitioner to implead the Central Board of Direct Taxes and Chief Commissioner of Income Tax of the AP as respondents in his petition.
The bench was dealing with a public interest litigation filed by one Mr J. Narayana Swamy, an advocate from Anantapur. The petitioner alleged that Congress, Telugu Desam, BJP, CPI, CPI(M) and the TRS did not file their income tax returns since several years.
The court made the suggestion to the petitioner when the counsel for Election Commission informed the court that the Central Board of direct Taxes is the body which monitors the income and expenditures of the political parties.
The High Court earlier issued notices to the seven major political parties, including the Praja Rajyam, seeking their version on their alleged failure to file income tax returns as per the provisions of the Income Tax Act.
The petitioner told the court Section 29 (B) of the Representation of People’s Act 1951 envisages the recognised parties to accept contributions from the individuals as well as the organisations. During the amendment to the RP Act, Section 29 (C) was incorporated to curtail the black money role in the election and spending by candidates.
The relevant Section mandates the political parties to file their tax returns under Section 13 A and Section 139 of the Income Tax Act. The petitioner alleged that the political parties are collecting a lot of black money from various sources including the Non Resident Indians, but they did not submit any returns on the collection of funds from various sources.
He urged the court to direct the EC to derecognise the parties. The court said that it will examine the issue in detail after the summer vacation.
Hyderabad, May 2: A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the AP High Court has asked a petitioner to implead the Central Board of Direct Taxes and Chief Commissioner of Income Tax of the AP as respondents in his petition.
The bench was dealing with a public interest litigation filed by one Mr J. Narayana Swamy, an advocate from Anantapur. The petitioner alleged that Congress, Telugu Desam, BJP, CPI, CPI(M) and the TRS did not file their income tax returns since several years.
The court made the suggestion to the petitioner when the counsel for Election Commission informed the court that the Central Board of direct Taxes is the body which monitors the income and expenditures of the political parties.
The High Court earlier issued notices to the seven major political parties, including the Praja Rajyam, seeking their version on their alleged failure to file income tax returns as per the provisions of the Income Tax Act.
The petitioner told the court Section 29 (B) of the Representation of People’s Act 1951 envisages the recognised parties to accept contributions from the individuals as well as the organisations. During the amendment to the RP Act, Section 29 (C) was incorporated to curtail the black money role in the election and spending by candidates.
The relevant Section mandates the political parties to file their tax returns under Section 13 A and Section 139 of the Income Tax Act. The petitioner alleged that the political parties are collecting a lot of black money from various sources including the Non Resident Indians, but they did not submit any returns on the collection of funds from various sources.
He urged the court to direct the EC to derecognise the parties. The court said that it will examine the issue in detail after the summer vacation.
Saturday, May 2, 2009
AP High Court notices on mining
By S A Ishaqui
Hyderabad, May 1 : The AP High Court on Friday issued notices to the Central ministry of environment, Obulapuram Mining Company, Ananthapuram Mining Corporation, Y. Mahbaleswar Rao and Sons and Bellary Iron Ore Company.
The court was dealing with a petition filed by one Mr T. Ekambaram, mining engineer of Anantapur seeking a direction to the authorities to implement the orders of the Central ministry of environment not to carry out mining operations in survey No 1 of D. Hirehal village in Anantapur district.
He urged the court to direct the authorities concerned to take steps to protect the reserve forest from mining operations and also conduct a manual survey to identify the boundaries of the village.
The court asked the respondents to file their replies on the petition and posted the petition after summer vacation for further hearing.
Hyderabad, May 1 : The AP High Court on Friday issued notices to the Central ministry of environment, Obulapuram Mining Company, Ananthapuram Mining Corporation, Y. Mahbaleswar Rao and Sons and Bellary Iron Ore Company.
The court was dealing with a petition filed by one Mr T. Ekambaram, mining engineer of Anantapur seeking a direction to the authorities to implement the orders of the Central ministry of environment not to carry out mining operations in survey No 1 of D. Hirehal village in Anantapur district.
He urged the court to direct the authorities concerned to take steps to protect the reserve forest from mining operations and also conduct a manual survey to identify the boundaries of the village.
The court asked the respondents to file their replies on the petition and posted the petition after summer vacation for further hearing.
Give pattas for forest dwellers: HC
By S A Ishaqui
Hyderabad,May 1: The Andhra Pradesh High Court on Friday permitted the state government to issue title deeds (pattas) for four lakh acres of forest land to eligible forest dwelling Scheduled Tribes and other traditional forest dwellers under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006.
A division bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao were dealing with a petition filed by one Mr J.V. Sharma and two other retired forest officers challenging the Act. The court said that the confirmation of title would be subjected to the final order of the court.
Earlier, the state government had asked the High Court to give permission to issue title deeds to over 10.86 lakh acres of forest land to Scheduled Tribes and other traditional forest dwellers in the state.
The government submitted to the court that these rights were not alienable or transferable. Conferring title deeds would help the beneficiaries to raise money for development of land and also give them a sense of security.
The High Court had already directed that the process of verifying the claims could go on, but the title deeds should not be issued without obtaining the order of the HC.The petitioners contended that there was danger of authorities regularising forest encroachments under the guise of implementing the Act.
Mr K. Balagopal, who appeared on behalf of the forest dwellers told the Court that the Act was a progressive legislation enacted by the Centre for the benefit of the poor forest tribes living in the forests across the country for generations.
He said that the Recognition of Forest Rights Act was enacted to recognise and give rights to forest dwellers.
The government argued that it was a misconception of the petitioner that all the encroachments in forest areas up to December 13, 2005, would be regularised. It said that 2,36,355 hectares were under encroachment.
The government informed the court that 3,26,328 claims, involving 11.22 lakh acres have been received in 22 districts in gram sabhas, out of which 2.98 lakh claims involving 10.86 acres were surveyed.
Hyderabad,May 1: The Andhra Pradesh High Court on Friday permitted the state government to issue title deeds (pattas) for four lakh acres of forest land to eligible forest dwelling Scheduled Tribes and other traditional forest dwellers under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006.
A division bench comprising Justice B. Prakash Rao and Justice R. Kantha Rao were dealing with a petition filed by one Mr J.V. Sharma and two other retired forest officers challenging the Act. The court said that the confirmation of title would be subjected to the final order of the court.
Earlier, the state government had asked the High Court to give permission to issue title deeds to over 10.86 lakh acres of forest land to Scheduled Tribes and other traditional forest dwellers in the state.
The government submitted to the court that these rights were not alienable or transferable. Conferring title deeds would help the beneficiaries to raise money for development of land and also give them a sense of security.
The High Court had already directed that the process of verifying the claims could go on, but the title deeds should not be issued without obtaining the order of the HC.The petitioners contended that there was danger of authorities regularising forest encroachments under the guise of implementing the Act.
Mr K. Balagopal, who appeared on behalf of the forest dwellers told the Court that the Act was a progressive legislation enacted by the Centre for the benefit of the poor forest tribes living in the forests across the country for generations.
He said that the Recognition of Forest Rights Act was enacted to recognise and give rights to forest dwellers.
The government argued that it was a misconception of the petitioner that all the encroachments in forest areas up to December 13, 2005, would be regularised. It said that 2,36,355 hectares were under encroachment.
The government informed the court that 3,26,328 claims, involving 11.22 lakh acres have been received in 22 districts in gram sabhas, out of which 2.98 lakh claims involving 10.86 acres were surveyed.
Friday, May 1, 2009
Stay on case against Pavan Kalyan
By S A Ishaqui
Hyderabad, April 30: The Andhra Pradesh High Court on Thursday stayed criminal proceedings against film actor and Praja Rajyam leader K. Pavan Kalyan.
The actor had filed a petition seeking a direction to quash criminal proceedings pending against him in the judicial first class magistrate court at Wanaparthy in Mahbubnagar district.
The lower court took cognisance of a complaint filed by general secretary of district Youth Congress alleging that Pavan Kalyan had cheated and defamed him at a meeting in Indira Chowk in the city after the demolition of houses in Bhimraobada.
He contended in his quash petition that the magistrate did not look into mandatory provisions in Section 199 (1) of the CrPC. Justice G. Bhavani Prasad, while granting interim stay on all further proceedings issued notice to the respondents and posted the case for further hearing after the summer vacation.
No stay in contempt case
A division bench comprising Justice Ghulam Mohammed and Justice P.V. Sanjay Kumar on Thursday refused to close contempt proceedings against principal secretary of revenue department and others in a case related to untimely transfer of Ms K. Hymavathi, the deputy collector of Machilipatnam in Krishna district.
According to the petitioner, she was posted on July 25, 2008 and in less than three months she was transferred from the post in October 2008.
However, the Election Commission did not agree to the transfer at that time because elections to members of Legislative Council were on and the model code of conduct was in force. The government then got her transferred from the post on February 11, 2009.
Ms Hymavathi challenged the transfer orders in the HC and the court, while passing interim orders, suspended the transfer orders.She filed a contempt case against the principal secretary and others alleging that the officials did not comply with the court orders and they did not allow her to join duty.
The bench summoned Mr S.V. Prasad, chief commissioner of land administration, Mr P. Samuel, principal secretary of revenue department and Mr Sridhar, Krishna district collector to appear before the court.
The three officials appeared before the court and submitted that the petitioner was reinstated as deputy collector of Machilipatnam and urged the court to close the contempt against them. The court while passing order from dispensing their presence in the case, posted the case for further hearing after summer vacation.
Transport babu presence must
The APHC refused to dispense with the presence of the transport commissioner, Mr Raymond Peter, from appearing before the court in a petition filed by Ms J. Swaroopa Rani against the delay in transferring the data of her vehicle for Hyderabad to Peddapalli in Karimnagar district.
Justice N.V. Ramana had ordered the transport commissioner to appear before him on April 24 to explain the reasons for non-compliance of the court order. The official appeared before the judge and urged him to dispense his presence in the case.
The court on March 2, 2009 directed the State Road Transport Authority to transfer the data of the petitioner’s vehicle within a week, but the authorities failed to implement the court order.
HC notice to power plant
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the AP High Court on Thursday issued notices to the Chief Secretary based on a writ petition filed challenging the permission granted by the Central government to set up a power plant in Santha Bommali Mandal, Srikakulam district near Telnilapuram bird habitat.
Captain J. Rama Rao, representing the Forum for Sustainable Development, filed a petition stating that the Environmental Appraisal Committee of the ministry of environment visited the site and found that it was an ecologically fragile area.
He told the court that the birds breed here and these are wetlands and swamps and that such lands need to be preserved as per the action plan of Prime Minister for climate change.The bench issued notices to the CS and the secretary of state environmental department and adjourned the case to June 11.
Info sought on port pollution
The APHC on Thursday directed the AP Pollution Control Board and the Visakhapatnam Port Trust to inform it on measures they have taken to prevent air pollution in the Visakhapatnam-I area due to port operations.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was hearing a petition filed by Mr Rasool on behalf of Kotaveedhi residents.
The petitioner told the court that large scale transport of coal and other material in the port berths has resulted in fine black dust engulfing the nearby area.
He said a number of residents are suffering from respiratory diseases as coal dust was polluting the air. The petitioner submitted photographs and news reports on air pollution in the area to the court.
The bench asked the port officers and the APPCB to report to the court about the present situation and the remedial measures initiated by June 2.
Central labour official called
The AP High Court on Thursday directed the Central labour commissioner to appear before the court on June 5 to explain the reasons for transferring an assistant labour commissioner from Hyderabad and relieving her from duties despite a status quo order issued by the court.
The court was dealing with a petition filed by an assistant labour commissioner Ms Ashina Misra challenging her transfer to Visakhapatnam from Hyderabad. The court sought to know from the authorities as to why they were not paying the assistant commissioner her salary and keeping her idle without any work.
Writ filed on mining permit
A writ petition was filed in the APHC seeking a direction to the authorities to implement the orders of the Central ministry of environment not to carry out mining operations by Obulapuram Mining Company, Ananthpuram Mining Corporation, Y. Mahbaleswar Rao and sons and Bellary Iron Ore Company in Survey No. 1 of D.Hirehal village in Ananthpur district.
Mr T. Ekambaram, mining engineer of Anantapur filed the plea. He urged the HC to direct officials concerned to take steps to protect the reserve forest from the mining operations.
Hyderabad, April 30: The Andhra Pradesh High Court on Thursday stayed criminal proceedings against film actor and Praja Rajyam leader K. Pavan Kalyan.
The actor had filed a petition seeking a direction to quash criminal proceedings pending against him in the judicial first class magistrate court at Wanaparthy in Mahbubnagar district.
The lower court took cognisance of a complaint filed by general secretary of district Youth Congress alleging that Pavan Kalyan had cheated and defamed him at a meeting in Indira Chowk in the city after the demolition of houses in Bhimraobada.
He contended in his quash petition that the magistrate did not look into mandatory provisions in Section 199 (1) of the CrPC. Justice G. Bhavani Prasad, while granting interim stay on all further proceedings issued notice to the respondents and posted the case for further hearing after the summer vacation.
No stay in contempt case
A division bench comprising Justice Ghulam Mohammed and Justice P.V. Sanjay Kumar on Thursday refused to close contempt proceedings against principal secretary of revenue department and others in a case related to untimely transfer of Ms K. Hymavathi, the deputy collector of Machilipatnam in Krishna district.
According to the petitioner, she was posted on July 25, 2008 and in less than three months she was transferred from the post in October 2008.
However, the Election Commission did not agree to the transfer at that time because elections to members of Legislative Council were on and the model code of conduct was in force. The government then got her transferred from the post on February 11, 2009.
Ms Hymavathi challenged the transfer orders in the HC and the court, while passing interim orders, suspended the transfer orders.She filed a contempt case against the principal secretary and others alleging that the officials did not comply with the court orders and they did not allow her to join duty.
The bench summoned Mr S.V. Prasad, chief commissioner of land administration, Mr P. Samuel, principal secretary of revenue department and Mr Sridhar, Krishna district collector to appear before the court.
The three officials appeared before the court and submitted that the petitioner was reinstated as deputy collector of Machilipatnam and urged the court to close the contempt against them. The court while passing order from dispensing their presence in the case, posted the case for further hearing after summer vacation.
Transport babu presence must
The APHC refused to dispense with the presence of the transport commissioner, Mr Raymond Peter, from appearing before the court in a petition filed by Ms J. Swaroopa Rani against the delay in transferring the data of her vehicle for Hyderabad to Peddapalli in Karimnagar district.
Justice N.V. Ramana had ordered the transport commissioner to appear before him on April 24 to explain the reasons for non-compliance of the court order. The official appeared before the judge and urged him to dispense his presence in the case.
The court on March 2, 2009 directed the State Road Transport Authority to transfer the data of the petitioner’s vehicle within a week, but the authorities failed to implement the court order.
HC notice to power plant
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the AP High Court on Thursday issued notices to the Chief Secretary based on a writ petition filed challenging the permission granted by the Central government to set up a power plant in Santha Bommali Mandal, Srikakulam district near Telnilapuram bird habitat.
Captain J. Rama Rao, representing the Forum for Sustainable Development, filed a petition stating that the Environmental Appraisal Committee of the ministry of environment visited the site and found that it was an ecologically fragile area.
He told the court that the birds breed here and these are wetlands and swamps and that such lands need to be preserved as per the action plan of Prime Minister for climate change.The bench issued notices to the CS and the secretary of state environmental department and adjourned the case to June 11.
Info sought on port pollution
The APHC on Thursday directed the AP Pollution Control Board and the Visakhapatnam Port Trust to inform it on measures they have taken to prevent air pollution in the Visakhapatnam-I area due to port operations.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was hearing a petition filed by Mr Rasool on behalf of Kotaveedhi residents.
The petitioner told the court that large scale transport of coal and other material in the port berths has resulted in fine black dust engulfing the nearby area.
He said a number of residents are suffering from respiratory diseases as coal dust was polluting the air. The petitioner submitted photographs and news reports on air pollution in the area to the court.
The bench asked the port officers and the APPCB to report to the court about the present situation and the remedial measures initiated by June 2.
Central labour official called
The AP High Court on Thursday directed the Central labour commissioner to appear before the court on June 5 to explain the reasons for transferring an assistant labour commissioner from Hyderabad and relieving her from duties despite a status quo order issued by the court.
The court was dealing with a petition filed by an assistant labour commissioner Ms Ashina Misra challenging her transfer to Visakhapatnam from Hyderabad. The court sought to know from the authorities as to why they were not paying the assistant commissioner her salary and keeping her idle without any work.
Writ filed on mining permit
A writ petition was filed in the APHC seeking a direction to the authorities to implement the orders of the Central ministry of environment not to carry out mining operations by Obulapuram Mining Company, Ananthpuram Mining Corporation, Y. Mahbaleswar Rao and sons and Bellary Iron Ore Company in Survey No. 1 of D.Hirehal village in Ananthpur district.
Mr T. Ekambaram, mining engineer of Anantapur filed the plea. He urged the HC to direct officials concerned to take steps to protect the reserve forest from the mining operations.
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