By S A Ishaqui
Hyderabad,July 30: The Andhra Pradesh High Court has held that once a piece of land was earmarked as open space in an approved layout, the land owner cannot subsequently divide the open land into plots.
Justice R. Subhash Reddy of the High Court gave the above ruling while dealing with a petition filed by Vijaya Sree Nagar Welfare Association at Vanasthali-puram in the city.
The judge directed the commissioner of Greater Hyderabad Municipal Corporation (GHMC) to protect the nine open spaces in Vijaya Sree Nagar (Judges Colony) in Masoorabad. The judge also directed the GHMC commissioner to develop these lands as per the approved layout.
On an earlier occasion the judge had directed the GHMC to submit a status report on open spaces. Based on the direction the assistant city planner visited the layout and submitted a report stating that out of nine open spaces, four have been surrounded by compound walls and the remaining were still open.
According to the report no constructions were built on any of the open spaces except on one where a government school building was constructed long ago.
The petitioner association told the court that these spaces were earmarked for common purposes like developing a park, school, community hall, playground, primary health centre, temple or library.
The petitioner complained that the developers of the layout converted these open spaces into 17 plots and took steps to alienate the others.
The court observed that the owners have no right to meddle with open spaces in an approved layout belonging to the GHMC and it has to develop the open spaces for common use.
Friday, July 31, 2009
Dispose cases before polls: HC
By S A Ishaqui
Hyderabad,July 29: The AP High Court on Wednesday stayed the ongoing process for elections to the Greater Hyderabad Municipal Corporation till the final disposal of writ petitions filed against the elections. The petitions deal with exclusion of creamy layer from Backward Classes and categorising the reservations.
The court will hear the matter again in the third week of August. This effectively puts back the GHMC elections to October. Officials said identification of the creamy layer, those earning more than Rs 4 lakh a year, among Backward Classes will require three to four months.
Officials will have to seek income and caste certificates from BC voters to identify the creamy layer. Subsequently, the GHMC will have to categorise the BC voters into A,B,C,D and E groups.
The government is likely to move the Supreme Court against the High Court’s interim orders. Even if the government secures a stay, the process will take up to a week. After that, it is too close to the Ramzan-Ganesh Chaturthi festival season, and even the Congress is against holding during that period.
Besides, Congress circles feel it is prudent to wait, given the high prices of essential commodities.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan while passing an interim order said: “Pending disposal of writ petitions (on the elections) there shall be a stay on further proceedings including issuance of an election notification for elections to the GHMC.”
The judges said that “the order now passed by us will not preclude the authorities from identifying and excluding the creamy layer among the Backward Classes, providing group-wise reservation in favour of the Backward Classes and, thereafter, conducting elections to the GHMC in accordance with the law.”
The court said, “Reservation in favour of BCs even for election of wards of GHMC has to be on the basis of categorisation into A,B,C,D groups.”
Hyderabad,July 29: The AP High Court on Wednesday stayed the ongoing process for elections to the Greater Hyderabad Municipal Corporation till the final disposal of writ petitions filed against the elections. The petitions deal with exclusion of creamy layer from Backward Classes and categorising the reservations.
The court will hear the matter again in the third week of August. This effectively puts back the GHMC elections to October. Officials said identification of the creamy layer, those earning more than Rs 4 lakh a year, among Backward Classes will require three to four months.
Officials will have to seek income and caste certificates from BC voters to identify the creamy layer. Subsequently, the GHMC will have to categorise the BC voters into A,B,C,D and E groups.
The government is likely to move the Supreme Court against the High Court’s interim orders. Even if the government secures a stay, the process will take up to a week. After that, it is too close to the Ramzan-Ganesh Chaturthi festival season, and even the Congress is against holding during that period.
Besides, Congress circles feel it is prudent to wait, given the high prices of essential commodities.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan while passing an interim order said: “Pending disposal of writ petitions (on the elections) there shall be a stay on further proceedings including issuance of an election notification for elections to the GHMC.”
The judges said that “the order now passed by us will not preclude the authorities from identifying and excluding the creamy layer among the Backward Classes, providing group-wise reservation in favour of the Backward Classes and, thereafter, conducting elections to the GHMC in accordance with the law.”
The court said, “Reservation in favour of BCs even for election of wards of GHMC has to be on the basis of categorisation into A,B,C,D groups.”
Thursday, July 30, 2009
AP High Court quashes plea against Satyam’s CLB nominees
By S A Ishaqui
Hyderabad,July 28: The AP High Court, on Tuesday, dismissed an appeal filed by Mr Manoharlal Sharma, a Supreme Court advocate, challenging an order passed by the Company Law Board to supersede the management board of Satyam Computer Services.
Justice V.V.S. Rao, the judge designated to hear cases arising out of the Companies Act, dismissed the case at the stage of admission. This must have come as a great relief to the Solicitor-General of India, Mr Gopala Subramaniam and Additional Solicitor-General, Mr Ravindran, who had rushed from Delhi on Sunday night on the instructions of the Prime Minister’s Office to appear in the case.
The petitioner challenged the Company Law Board’s (CLB) order that permitted the induction of a new investor in scam-hit Satyam Computers.
In another order, the high court directed the state government to maintain status quo on an order issued for the cancellation of the agreement with Maytas Infra Pvt Ltd to execute the proposed Hyderabad Metro Rail Project, till further orders
Hyderabad,July 28: The AP High Court, on Tuesday, dismissed an appeal filed by Mr Manoharlal Sharma, a Supreme Court advocate, challenging an order passed by the Company Law Board to supersede the management board of Satyam Computer Services.
Justice V.V.S. Rao, the judge designated to hear cases arising out of the Companies Act, dismissed the case at the stage of admission. This must have come as a great relief to the Solicitor-General of India, Mr Gopala Subramaniam and Additional Solicitor-General, Mr Ravindran, who had rushed from Delhi on Sunday night on the instructions of the Prime Minister’s Office to appear in the case.
The petitioner challenged the Company Law Board’s (CLB) order that permitted the induction of a new investor in scam-hit Satyam Computers.
In another order, the high court directed the state government to maintain status quo on an order issued for the cancellation of the agreement with Maytas Infra Pvt Ltd to execute the proposed Hyderabad Metro Rail Project, till further orders
AP High Court stays GHMC polls : It tells dispose cases before polls
By S A Ishaqui
Hyderabad,July 29: The AP High Court on Wednesday stayed the ongoing process for elections to the Greater Hyderabad Municipal Corporation till the final disposal of writ petitions filed against the elections. The petitions deal with exclusion of creamy layer from Backward Classes and categorising the reservations.
The court will hear the matter again in the third week of August. This effectively puts back the GHMC elections to October. Officials said identification of the creamy layer, those earning more than Rs 4 lakh a year, among Backward Classes will require three to four months.
Officials will have to seek income and caste certificates from BC voters to identify the creamy layer. Subsequently, the GHMC will have to categorise the BC voters into A,B,C,D and E groups.
The government is likely to move the Supreme Court against the High Court’s interim orders. Even if the government secures a stay, the process will take up to a week. After that, it is too close to the Ramzan-Ganesh Chaturthi festival season, and even the Congress is against holding during that period.
Besides, Congress circles feel it is prudent to wait, given the high prices of essential commodities.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan while passing an interim order said: “Pending disposal of writ petitions (on the elections) there shall be a stay on further proceedings including issuance of an election notification for elections to the GHMC.”
The judges said that “the order now passed by us will not preclude the authorities from identifying and excluding the creamy layer among the Backward Classes, providing group-wise reservation in favour of the Backward Classes and, thereafter, conducting elections to the GHMC in accordance with the law.”
The court said, “Reservation in favour of BCs even for election of wards of GHMC has to be on the basis of categorisation into A,B,C,D groups.”
Hyderabad,July 29: The AP High Court on Wednesday stayed the ongoing process for elections to the Greater Hyderabad Municipal Corporation till the final disposal of writ petitions filed against the elections. The petitions deal with exclusion of creamy layer from Backward Classes and categorising the reservations.
The court will hear the matter again in the third week of August. This effectively puts back the GHMC elections to October. Officials said identification of the creamy layer, those earning more than Rs 4 lakh a year, among Backward Classes will require three to four months.
Officials will have to seek income and caste certificates from BC voters to identify the creamy layer. Subsequently, the GHMC will have to categorise the BC voters into A,B,C,D and E groups.
The government is likely to move the Supreme Court against the High Court’s interim orders. Even if the government secures a stay, the process will take up to a week. After that, it is too close to the Ramzan-Ganesh Chaturthi festival season, and even the Congress is against holding during that period.
Besides, Congress circles feel it is prudent to wait, given the high prices of essential commodities.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan while passing an interim order said: “Pending disposal of writ petitions (on the elections) there shall be a stay on further proceedings including issuance of an election notification for elections to the GHMC.”
The judges said that “the order now passed by us will not preclude the authorities from identifying and excluding the creamy layer among the Backward Classes, providing group-wise reservation in favour of the Backward Classes and, thereafter, conducting elections to the GHMC in accordance with the law.”
The court said, “Reservation in favour of BCs even for election of wards of GHMC has to be on the basis of categorisation into A,B,C,D groups.”
Tuesday, July 28, 2009
AP High Court to hear plea on CLB action
By S A Ishaqui
Hyderabad,July 27: The solicitor general, Mr Gopal Subramaniam, has rushed from Delhi to appear in the hearing of a petition filed in the AP High Court against the order of the Company Law Board to supersede the board of scam-tainted Satyam Computers.
It is said that the Prime Minister’s Office had expressly instructed Mr Subramaniam to argue against the petition which will be taken up on Tuesday.
The petition was filed by Mr Manohar Lal Sharma, an advocate of the Supreme Court, challenging the order issued on February 19, 2009, facilitating the ministry of corporate affairs to suspend the existing board and to appoint a new board of directors. Based on the Company Law Board’s direction, the Centre had appointed new directors.
Mr Sharma had earlier filed a petition in the Delhi High Court and it was dismissed on the point of jurisdiction.
According to the petitioner, his aim in filing the petition was to decide key legal issues in the interest of law and justice.
His posers are whether Sections 397 and 398 can be applied without concluding Section 388 (b) of the Companies Act and whether a disputed letter (the confession of ex-Satyam boss Ramalinga Raju) can be made the basis for proceedings under Section 397 and 398 of the Act.
Mr Sharma also wants the court to clarify whether the power to amend a law belongs Parliament or to the Company Law Board and whether it can overstep provisions of Section 81 (1A) as well as Section 94 of the Act against the interest of the investor.
The High Court issued a notice to the ministry of corporate affairs which informed the PMO about the case.
The PMO in turn instructed the solicitor- general to personally appear.
Hyderabad,July 27: The solicitor general, Mr Gopal Subramaniam, has rushed from Delhi to appear in the hearing of a petition filed in the AP High Court against the order of the Company Law Board to supersede the board of scam-tainted Satyam Computers.
It is said that the Prime Minister’s Office had expressly instructed Mr Subramaniam to argue against the petition which will be taken up on Tuesday.
The petition was filed by Mr Manohar Lal Sharma, an advocate of the Supreme Court, challenging the order issued on February 19, 2009, facilitating the ministry of corporate affairs to suspend the existing board and to appoint a new board of directors. Based on the Company Law Board’s direction, the Centre had appointed new directors.
Mr Sharma had earlier filed a petition in the Delhi High Court and it was dismissed on the point of jurisdiction.
According to the petitioner, his aim in filing the petition was to decide key legal issues in the interest of law and justice.
His posers are whether Sections 397 and 398 can be applied without concluding Section 388 (b) of the Companies Act and whether a disputed letter (the confession of ex-Satyam boss Ramalinga Raju) can be made the basis for proceedings under Section 397 and 398 of the Act.
Mr Sharma also wants the court to clarify whether the power to amend a law belongs Parliament or to the Company Law Board and whether it can overstep provisions of Section 81 (1A) as well as Section 94 of the Act against the interest of the investor.
The High Court issued a notice to the ministry of corporate affairs which informed the PMO about the case.
The PMO in turn instructed the solicitor- general to personally appear.
Maytas contests termination
By S A Ishaqui
Hyderabad,July 27: Maytas Infra limited filed a writ petition in the Andhra Pradesh High Court against the termination of the concession agreement by the state government for the proposed Hyderabad Metro Rail Project.
Mr Bandaru Narasimha Rao, director, Maytas Infra, filed the petition stating that the government forfeited the bid security amount of Rs 60 crore and bid offer amount of Rs 11 crores submitted by them. He said that the government also purported to ground the project by inviting bids afresh.
He contended that the action of the government was unreasonable and did not take into account the hindrances and hurdles which were beyond their control. The petitioner urged the court to declare the action of the government in cancelling the concessional agreement as illegal and prayed the court to stay all further proceedings pursuant to Bid notice issued by the Metro Rail Corporation issued on July 16.
Meanwhile, the Central Bureau of Investigation told the High Court that the Polygraph and Brain Mapping tests on Satyam founder, Mr B. Ramalinga Raju, his brother Mr B. Rama Raju, and former Chief Financial Officer, Mr Vadlamani Srinivas, was vital to collect further evidence and bring out the truth and unearth the whole scam.
The CBI on Monday filed its written objections against the appeals filed by Mr Ramalinga Raju and his associates against a lower court’s order permitting the CBI to conduct the tests on them. While praying the court to dismiss the petitions, the CBI contended that the scam was perpetrated by the trio over several years and is very serious in nature wherein interests of large number of shareholders and public are involved.
“This is the biggest of all scams unearthed within the corporate sector of India till date.” the CBI added
Hyderabad,July 27: Maytas Infra limited filed a writ petition in the Andhra Pradesh High Court against the termination of the concession agreement by the state government for the proposed Hyderabad Metro Rail Project.
Mr Bandaru Narasimha Rao, director, Maytas Infra, filed the petition stating that the government forfeited the bid security amount of Rs 60 crore and bid offer amount of Rs 11 crores submitted by them. He said that the government also purported to ground the project by inviting bids afresh.
He contended that the action of the government was unreasonable and did not take into account the hindrances and hurdles which were beyond their control. The petitioner urged the court to declare the action of the government in cancelling the concessional agreement as illegal and prayed the court to stay all further proceedings pursuant to Bid notice issued by the Metro Rail Corporation issued on July 16.
Meanwhile, the Central Bureau of Investigation told the High Court that the Polygraph and Brain Mapping tests on Satyam founder, Mr B. Ramalinga Raju, his brother Mr B. Rama Raju, and former Chief Financial Officer, Mr Vadlamani Srinivas, was vital to collect further evidence and bring out the truth and unearth the whole scam.
The CBI on Monday filed its written objections against the appeals filed by Mr Ramalinga Raju and his associates against a lower court’s order permitting the CBI to conduct the tests on them. While praying the court to dismiss the petitions, the CBI contended that the scam was perpetrated by the trio over several years and is very serious in nature wherein interests of large number of shareholders and public are involved.
“This is the biggest of all scams unearthed within the corporate sector of India till date.” the CBI added
Sunday, July 26, 2009
AP Pollution Control Board explains steps to clean Patancheru
By S A Ishaqui
Hyderabad,July 25: The AP Pollution Control Board told the AP High Court that it will not compromise on controlling pollution levels in Patancheru.
Mr Y. Srinivasa Murthy, counsel for the PCB, submitted an action taken report pursuant to a direction issued by the court while dealing with a public interest litigation which questioned the inaction of the government in curbing pollution in Patancheru area and several villages in Medak district.
The PCB said that to control the illegal dumping of effluents by tankers into water bodies and open areas, they are now confiscating and penalising tankers and their transport companies. Strict night vigil was also launched to keep a check on night dumping.
It may be recalled that earlier both the Supreme Court and the AP High Court ordered a joint monitoring mechanism to bring the errant industries into the frame of a common effluent treatment plant mechanism. It was named Patancheru Enviro Tech Ltd (PETL), which could treat 7,500 kilo litres of industrial effluents daily.
The state government has set up a special task force of the PCB exclusively for Medak district to ensure compliance to the pollution norms and also the directions of the court.
Apart from banning new industries and the expansion of the existing ones in the area, the board had also directed all the industries to close their effluent outlets in order to prevent them from joining the mainstream water bodies.
The industries were directed to construct separate drains for storm water and effluents.
Hyderabad,July 25: The AP Pollution Control Board told the AP High Court that it will not compromise on controlling pollution levels in Patancheru.
Mr Y. Srinivasa Murthy, counsel for the PCB, submitted an action taken report pursuant to a direction issued by the court while dealing with a public interest litigation which questioned the inaction of the government in curbing pollution in Patancheru area and several villages in Medak district.
The PCB said that to control the illegal dumping of effluents by tankers into water bodies and open areas, they are now confiscating and penalising tankers and their transport companies. Strict night vigil was also launched to keep a check on night dumping.
It may be recalled that earlier both the Supreme Court and the AP High Court ordered a joint monitoring mechanism to bring the errant industries into the frame of a common effluent treatment plant mechanism. It was named Patancheru Enviro Tech Ltd (PETL), which could treat 7,500 kilo litres of industrial effluents daily.
The state government has set up a special task force of the PCB exclusively for Medak district to ensure compliance to the pollution norms and also the directions of the court.
Apart from banning new industries and the expansion of the existing ones in the area, the board had also directed all the industries to close their effluent outlets in order to prevent them from joining the mainstream water bodies.
The industries were directed to construct separate drains for storm water and effluents.
Saturday, July 25, 2009
Status quo on IAS transfer
Hyderabad, July 24 : The Central Administrative Tribunal (CAT) on Friday granted status quo on the transfer of senior IAS officer Mohammad Shafiquzzaman.
Stay on Vanpic land acquisition
By S A Ishaqui
Hyderabad, July 24 : The Andhra Pradesh High Court on Friday granted stay on land acquisition of about 120 acres in Motupalli village of China Ganjam mandal in Prakasam district for the proposed Vodarevu and Nizampatnam Ports Industrial Corridor (Vanpic) project.
The court was dealing with a petition filed by one Mr K. Ravindra Babu and 18 others, residents of Guntur city and Chirala town challenging the notification issued by the government on July 13 to acquire their lands for the project.
The petitioners contended that according to Section 40 (1) (a) of the Land Acquisition Act, acquisition of land for a private company can be resorted to only when the acquisition was for erecting houses for its workmen, but not for setting up an industry.
Hyderabad, July 24 : The Andhra Pradesh High Court on Friday granted stay on land acquisition of about 120 acres in Motupalli village of China Ganjam mandal in Prakasam district for the proposed Vodarevu and Nizampatnam Ports Industrial Corridor (Vanpic) project.
The court was dealing with a petition filed by one Mr K. Ravindra Babu and 18 others, residents of Guntur city and Chirala town challenging the notification issued by the government on July 13 to acquire their lands for the project.
The petitioners contended that according to Section 40 (1) (a) of the Land Acquisition Act, acquisition of land for a private company can be resorted to only when the acquisition was for erecting houses for its workmen, but not for setting up an industry.
AP High Court : No MBBS for underaged aspirants
By S A Ishaqui
Hyderabad, July 24: The Andhra Pradesh High Court on Friday refused to grant permission to two aspirants of MBBS course to attend counselling on the ground that they were underaged.
Justice R. Subhash Reddy was dealing with the petitions filed by Ms B.S. Krupalini and Mr Sai Deepak, seeking a direction that the NTR University allow them to participate in ongoing counselling for MBBS course.
The petitioner told the court that the government had issued orders exempting underaged aspirants who were a few days short of the required age of 17-years to take admission into MBBS.
They said that in a similar case, the court permitted a few others to attend counselling a few days ago and urged the court to grant them relief them in a similar way.
The court did not agree to their contention that the state government cannot make rules contrary to the guidelines issued by the Medical Council of India. It said that the MCI rule clearly says that the prescribed age to take admission into MBBS is 17-years.
Hyderabad, July 24: The Andhra Pradesh High Court on Friday refused to grant permission to two aspirants of MBBS course to attend counselling on the ground that they were underaged.
Justice R. Subhash Reddy was dealing with the petitions filed by Ms B.S. Krupalini and Mr Sai Deepak, seeking a direction that the NTR University allow them to participate in ongoing counselling for MBBS course.
The petitioner told the court that the government had issued orders exempting underaged aspirants who were a few days short of the required age of 17-years to take admission into MBBS.
They said that in a similar case, the court permitted a few others to attend counselling a few days ago and urged the court to grant them relief them in a similar way.
The court did not agree to their contention that the state government cannot make rules contrary to the guidelines issued by the Medical Council of India. It said that the MCI rule clearly says that the prescribed age to take admission into MBBS is 17-years.
Friday, July 24, 2009
ACA told not to act on Chamundi till July 30
By S A Ishaqui
Hyderabad,July 23: The Andhra Pradesh High Court on Thursday directed the Andhra Cricket Association not to take any final decision on expelling V. Chamundeswarnath from the association till July 30.
The court was dealing with a civil revision petition filed by Mr Chamundeswarnath, former secretary of the ACA, stating that the association is likely to pass a resolution on July 26 for his expulsion.
He was suspended from the association for alleged sexual harassment of women cricketers. The case posted to July 30 for further hearing.
Hyderabad,July 23: The Andhra Pradesh High Court on Thursday directed the Andhra Cricket Association not to take any final decision on expelling V. Chamundeswarnath from the association till July 30.
The court was dealing with a civil revision petition filed by Mr Chamundeswarnath, former secretary of the ACA, stating that the association is likely to pass a resolution on July 26 for his expulsion.
He was suspended from the association for alleged sexual harassment of women cricketers. The case posted to July 30 for further hearing.
Satyam trio against lie, brain tests
By S A Ishaqui
Hyderabad, July 23 : Satyam Computer Services former chairman, Mr B. Ramalinga Raju, his brother, Mr B. Rama Raju, and former CFO, Mr Vadlamani Srinivas, on Thursday approached the Andhra Pradesh High Court against conducting lie detector and brain mapping tests on them.
On July 10, the XIV additional chief metropolitan magistrate had allowed the CBI to conduct lie detector and brain mapping tests on the trio in connection with multi-crore Satyam fraud. The CBI has been granted eight weeks to conduct the test on them in Hyderabad.
Mr Ramalinga Raju and his associates filed separate revision petitions challenging the lower court’ s order. They contended that the reasons and findings recorded by the lower court while permitting the CBI for tests are perverse.
Hyderabad, July 23 : Satyam Computer Services former chairman, Mr B. Ramalinga Raju, his brother, Mr B. Rama Raju, and former CFO, Mr Vadlamani Srinivas, on Thursday approached the Andhra Pradesh High Court against conducting lie detector and brain mapping tests on them.
On July 10, the XIV additional chief metropolitan magistrate had allowed the CBI to conduct lie detector and brain mapping tests on the trio in connection with multi-crore Satyam fraud. The CBI has been granted eight weeks to conduct the test on them in Hyderabad.
Mr Ramalinga Raju and his associates filed separate revision petitions challenging the lower court’ s order. They contended that the reasons and findings recorded by the lower court while permitting the CBI for tests are perverse.
Thursday, July 23, 2009
AP High Court stops sops for pilgrimage
By S A Ishaqui
Hyderabad,July 22: In an interim order with far-reaching consequences, the AP High Court on Wednesday directed the state government not to extend financial assistance for pilgrimages undertaken by members belonging to “all religions” to visit holy places.
Dealing with two separate petitions, the court set aside the state government order granting aid to pilgrims bound for Jerusalem. Three batches of pilgrims have availed of the subsidy. The government has also prepared an order to provide assistance to pilgrims bound for Manasarovar and is drawing up guidelines.
The state government has decided to approach the Supreme Court against the interim order delivered by a division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan. The order could have wide ranging repercussions across the country. While the court did not specifically mention the Haj subsidy, it did ask the government to stop financial assistance to pilgrims of “all religions.”
This was taken to include the Haj pilgrimage, which the government assists in the form of a Rs 12,000 subsidy on air fare to each pilgrim. The court was dealing with separate petitions opposing subsidy for pilgrimages to Jerusalem, and to Hindu holy sites, and it decided to expand the scope of the petitions to “all religions.”
Asked about the impact of the judgment on the Haj subsidy, the AP State Haj Committee executive officer, Mr M.A. Quddus, said: “There is a case pending in the SC on subsidy for Haj pilgrims. The apex court had asked the government to continue the existing policy until further orders.” The Catholica Samakya president, Mr G. Bal Reddy, said, “We are very disappointed. The budgetary allocation for the scheme is only Rs 2 crore per year which is peanuts when compared to the Rs 1 lakh crore budget of the state.”
The scheme should not be viewed separately it is part of the overall welfare of minorities, Mr Bal Reddy said. “It is a subsidy provided by the government that too to families with lower income,” he said. Earlier, the state government strongly opposed the court taking up the petitions saying it constituted interference in the administration.
Mr A. Satyaprasad, additional-advocate-general, contended that extending financial help to pilgrims was a policy decision, where the courts have no say. The judges said, “We will not interfere if it is in the larger public interest, but if the government is giving concession to individuals in the name of religion it (the court) will definitely look into the issue.” The judges said they would not allow taxpayer money to be spent on pilgrimages.
The additional advocate-general argued that though the government has no religion, the Constitution does not prohibit the state from providing help to pilgrims. “The concept of secularism does not mean prohibiting the state from taking welfare measures for pilgrims of various religions,” he said. “We should not forget that taxpayers can only elect governments and allow them to function and spend the money.”
He said that allocating a budget for any scheme was the prerogative of the legislature; the Constitution prohibited interference by courts in the matter of budgetary allocations under Article 212. The court said: “We are not against funding for construction of temples, mosques, or churches or any other shrine by the government, but it cannot allow the government to spend taxpayers’ money for individual purpose.”
The court said Article 152 of the Constitution empowers the courts to review policy decisions. The court said it intended to expand the scope of the writ petitions beyond the prayer of the petitioners by including all pilgrimages undertaken by persons of all religions. Mr Satish Agarwal, one of the petitioners, asked the court to strike down the government order which enables financial aid to the pilgrimage to Jerusalem and Mr Gandra Mohana Rao, the other petitioner, sought a direction to provide financial assistance to Hindu pilgrims.
Mr Satyaprasad told the court that Haj pilgrimage was governed by the Centre under the Haj Committee Act 2002. He said that the court cannot pass any interim order without hearing the Centre and urged the court to issue notices to the Centre. The court said that it would consider his submission. Mr Challa Kodandaram, who appeared on behalf of Mr Mohan Rao contended that the government cannot extend financial aid to pilgrim places abroad through an executive order. He said that permitting such pilgrimage was under the purview of the Centre.
Agreeing with the contention of the petitioners the court passed interim order.
Hyderabad,July 22: In an interim order with far-reaching consequences, the AP High Court on Wednesday directed the state government not to extend financial assistance for pilgrimages undertaken by members belonging to “all religions” to visit holy places.
Dealing with two separate petitions, the court set aside the state government order granting aid to pilgrims bound for Jerusalem. Three batches of pilgrims have availed of the subsidy. The government has also prepared an order to provide assistance to pilgrims bound for Manasarovar and is drawing up guidelines.
The state government has decided to approach the Supreme Court against the interim order delivered by a division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan. The order could have wide ranging repercussions across the country. While the court did not specifically mention the Haj subsidy, it did ask the government to stop financial assistance to pilgrims of “all religions.”
This was taken to include the Haj pilgrimage, which the government assists in the form of a Rs 12,000 subsidy on air fare to each pilgrim. The court was dealing with separate petitions opposing subsidy for pilgrimages to Jerusalem, and to Hindu holy sites, and it decided to expand the scope of the petitions to “all religions.”
Asked about the impact of the judgment on the Haj subsidy, the AP State Haj Committee executive officer, Mr M.A. Quddus, said: “There is a case pending in the SC on subsidy for Haj pilgrims. The apex court had asked the government to continue the existing policy until further orders.” The Catholica Samakya president, Mr G. Bal Reddy, said, “We are very disappointed. The budgetary allocation for the scheme is only Rs 2 crore per year which is peanuts when compared to the Rs 1 lakh crore budget of the state.”
The scheme should not be viewed separately it is part of the overall welfare of minorities, Mr Bal Reddy said. “It is a subsidy provided by the government that too to families with lower income,” he said. Earlier, the state government strongly opposed the court taking up the petitions saying it constituted interference in the administration.
Mr A. Satyaprasad, additional-advocate-general, contended that extending financial help to pilgrims was a policy decision, where the courts have no say. The judges said, “We will not interfere if it is in the larger public interest, but if the government is giving concession to individuals in the name of religion it (the court) will definitely look into the issue.” The judges said they would not allow taxpayer money to be spent on pilgrimages.
The additional advocate-general argued that though the government has no religion, the Constitution does not prohibit the state from providing help to pilgrims. “The concept of secularism does not mean prohibiting the state from taking welfare measures for pilgrims of various religions,” he said. “We should not forget that taxpayers can only elect governments and allow them to function and spend the money.”
He said that allocating a budget for any scheme was the prerogative of the legislature; the Constitution prohibited interference by courts in the matter of budgetary allocations under Article 212. The court said: “We are not against funding for construction of temples, mosques, or churches or any other shrine by the government, but it cannot allow the government to spend taxpayers’ money for individual purpose.”
The court said Article 152 of the Constitution empowers the courts to review policy decisions. The court said it intended to expand the scope of the writ petitions beyond the prayer of the petitioners by including all pilgrimages undertaken by persons of all religions. Mr Satish Agarwal, one of the petitioners, asked the court to strike down the government order which enables financial aid to the pilgrimage to Jerusalem and Mr Gandra Mohana Rao, the other petitioner, sought a direction to provide financial assistance to Hindu pilgrims.
Mr Satyaprasad told the court that Haj pilgrimage was governed by the Centre under the Haj Committee Act 2002. He said that the court cannot pass any interim order without hearing the Centre and urged the court to issue notices to the Centre. The court said that it would consider his submission. Mr Challa Kodandaram, who appeared on behalf of Mr Mohan Rao contended that the government cannot extend financial aid to pilgrim places abroad through an executive order. He said that permitting such pilgrimage was under the purview of the Centre.
Agreeing with the contention of the petitioners the court passed interim order.
Wednesday, July 22, 2009
AP High Court stays CAT order over ex-cadre posts
By S A Ishaqui
Hyderabad,July 21: A division bench of the Andhra Pradesh High Court granted interim stay on the orders issued by the Central Administrative Tribunal regarding abolition of ex-cadre posts of IAS officers in the government.
A division bench comprising Justice V. Eswaraiah and Justice P. Swaroop Reddy was dealing with an appeal referred by the government against the CAT order.
The CAT earlier directed the state government to scrap all the ex-cadre posts which were created illegally within four months.
The CAT gave this order in March after a senior IAS officer, Mr Shafiquzzaman, went against creating ex-cadre posts.Mr A. Satyaprasad, additional advocate-general, while arguing the case said that the CAT entered into an administrative prerogative of the government by passing such an order.
He said that because of the order the government cannot create or post IAS officers to fulfil the requirement of its administration. He contended that the order is liable to be quashed.The bench while granting stay issued notice to the respondents.
Hyderabad,July 21: A division bench of the Andhra Pradesh High Court granted interim stay on the orders issued by the Central Administrative Tribunal regarding abolition of ex-cadre posts of IAS officers in the government.
A division bench comprising Justice V. Eswaraiah and Justice P. Swaroop Reddy was dealing with an appeal referred by the government against the CAT order.
The CAT earlier directed the state government to scrap all the ex-cadre posts which were created illegally within four months.
The CAT gave this order in March after a senior IAS officer, Mr Shafiquzzaman, went against creating ex-cadre posts.Mr A. Satyaprasad, additional advocate-general, while arguing the case said that the CAT entered into an administrative prerogative of the government by passing such an order.
He said that because of the order the government cannot create or post IAS officers to fulfil the requirement of its administration. He contended that the order is liable to be quashed.The bench while granting stay issued notice to the respondents.
GHMC told to ensure cell tower safety
By S A Ishaqui
Hyderabad,July 21: The Andhra Pradesh High Court on Tuesday directed the commissioner and special officer of Greater Hyderabad Municipal Corporation (GHMC) to give a personal undertaking by Monday that the corporation will remove all unsafe and unstable cellphone towers in its limits within three months.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was dealing with a contempt petition filed by Ms Varalakshimi, a resident of Kapra in the city complaining that the GHMC authorities failed to remove the unsafe cellphone towers in the city. The HC had earlier directed the corporation to identify unsafe cellphone towers erected on roof tops of buildings in the corporation limits.
The court passed the order in December 2007 giving two months time to the corporation directing it that “the exercise of verification shall be completed within two months from the date of receipt of a copy of the order and in case any such structure is found to endanger the building or the lives of its residents, action shall be taken in accordance with law to have such structures removed within four weeks thereafter.”
However, the corporation requested the court to extend the time for two months in April 2009 and the court permitted it to complete the exercise. The extension period also expired by the end of May.
When the petition came up for hearing before the bench, the judges expressed their dissatisfaction over the attitude of the corporation saying: “Already 14 months have elapsed after this court passed an order to remove unsafe towers. However, the corporation did not make any serious efforts in this regard. The counter affidavit which is filed by the GHMC also looks like a diary and there were no details about the unsafe towers in the counter.”
The judges said they will not grant any further extension in this case, and they will issue contempt proceedings against the commissioner and the concerned authorities.
Mr Ramachandra Reddy, counsel for the GHMC told the court that the process will take four months to complete. He said they have outsourced the exercise for speedy completion as the corporation did not have the manpower and equipment to conduct Ultrasonic Pulse Velocity test and Rebound Hammer Test to establish the structural safety of the building and the tower.
The HC said: “If the commissioner will give a personal undertaking by Monday, then it will think of granting three months time to the GHMC to complete the job.”
Hyderabad,July 21: The Andhra Pradesh High Court on Tuesday directed the commissioner and special officer of Greater Hyderabad Municipal Corporation (GHMC) to give a personal undertaking by Monday that the corporation will remove all unsafe and unstable cellphone towers in its limits within three months.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was dealing with a contempt petition filed by Ms Varalakshimi, a resident of Kapra in the city complaining that the GHMC authorities failed to remove the unsafe cellphone towers in the city. The HC had earlier directed the corporation to identify unsafe cellphone towers erected on roof tops of buildings in the corporation limits.
The court passed the order in December 2007 giving two months time to the corporation directing it that “the exercise of verification shall be completed within two months from the date of receipt of a copy of the order and in case any such structure is found to endanger the building or the lives of its residents, action shall be taken in accordance with law to have such structures removed within four weeks thereafter.”
However, the corporation requested the court to extend the time for two months in April 2009 and the court permitted it to complete the exercise. The extension period also expired by the end of May.
When the petition came up for hearing before the bench, the judges expressed their dissatisfaction over the attitude of the corporation saying: “Already 14 months have elapsed after this court passed an order to remove unsafe towers. However, the corporation did not make any serious efforts in this regard. The counter affidavit which is filed by the GHMC also looks like a diary and there were no details about the unsafe towers in the counter.”
The judges said they will not grant any further extension in this case, and they will issue contempt proceedings against the commissioner and the concerned authorities.
Mr Ramachandra Reddy, counsel for the GHMC told the court that the process will take four months to complete. He said they have outsourced the exercise for speedy completion as the corporation did not have the manpower and equipment to conduct Ultrasonic Pulse Velocity test and Rebound Hammer Test to establish the structural safety of the building and the tower.
The HC said: “If the commissioner will give a personal undertaking by Monday, then it will think of granting three months time to the GHMC to complete the job.”
Tuesday, July 21, 2009
HC seeks info on fees in tech colleges
By S A Ishaqui
Hyderabad,July 20: The Andhra Pradesh High Court on Monday issued a notice to the state government seeking its version of the recently fixed fee structure for undergraduate engineering courses including pharmacy and architecture.
The court was dealing with a batch of petitions filed by managements of private engineering colleges against the government fixing the fee structure.
The petitioners sought a direction to declare the fee structure as illegal and urged the court to direct the government to consider a proposal submitted by them to hike fees in undergraduate engineering courses.
While posting the petitions for further hearing, Justice G. Rohini made it clear that fees collected by private unaided institutions as prescribed by the government would be subject to further orders in a batch of writ petitions.
The government fixed Rs 30,200 for undergraduate engineering course for a student of category A seats and Rs 91,700 for category B seat per annum as tuition fee. For MBA and MCA courses, under category ‘A’ the fee was Rs 26,700 and for category ‘B’, it was Rs 73,100. The petitioners told the court that they had asked the government to fix Rs 1,28,568 for all engineering courses.
Hyderabad,July 20: The Andhra Pradesh High Court on Monday issued a notice to the state government seeking its version of the recently fixed fee structure for undergraduate engineering courses including pharmacy and architecture.
The court was dealing with a batch of petitions filed by managements of private engineering colleges against the government fixing the fee structure.
The petitioners sought a direction to declare the fee structure as illegal and urged the court to direct the government to consider a proposal submitted by them to hike fees in undergraduate engineering courses.
While posting the petitions for further hearing, Justice G. Rohini made it clear that fees collected by private unaided institutions as prescribed by the government would be subject to further orders in a batch of writ petitions.
The government fixed Rs 30,200 for undergraduate engineering course for a student of category A seats and Rs 91,700 for category B seat per annum as tuition fee. For MBA and MCA courses, under category ‘A’ the fee was Rs 26,700 and for category ‘B’, it was Rs 73,100. The petitioners told the court that they had asked the government to fix Rs 1,28,568 for all engineering courses.
AP files plea on CAT order
By S A Ishaqui
Hyderabad, July 20 : The state government on Monday appealed to the AP High Court against the orders of the Central Administrative Tribunal with regard to ex-cadre posts of IAS officers in the state.
The CAT had earlier directed the state government to scrap all the ex-cadre posts which were created illegally within four months.
The CAT gave the order in March after a senior IAS officer, Mr Shafiquzzaman, ap-proached the tribunal against creating ex-cadre posts. However, the state approached the HC challenging the order saying that there are practical difficulties in implementing the orders and contended the order was illegal.
The HC posted the matter to Wednesday.
Hyderabad, July 20 : The state government on Monday appealed to the AP High Court against the orders of the Central Administrative Tribunal with regard to ex-cadre posts of IAS officers in the state.
The CAT had earlier directed the state government to scrap all the ex-cadre posts which were created illegally within four months.
The CAT gave the order in March after a senior IAS officer, Mr Shafiquzzaman, ap-proached the tribunal against creating ex-cadre posts. However, the state approached the HC challenging the order saying that there are practical difficulties in implementing the orders and contended the order was illegal.
The HC posted the matter to Wednesday.
AP High Court unhappy with tahsildars
By S A Ishaqui
Hyderabad, July 20 : The Andhra Pradesh High Court on Monday expressed its displeasure over unilateral decisions taken by some tahsildars in the state.
Justice Goda Raghuram, while dealing with a petition filed by one Mr S. Raghava Rao and two others from Nuzvid in Krishna district, remarked: “Law is immaterial for the lawless, but it is not so for the rule-bound official. However, certain tahsildars in the state are blatantly violating the law.”
The petitioners complained to the court that the Nuzvid tahsildar acquired 2.25 acres of land belonging to them without any notice in 2007. The judge expressed his anger and said: “If the higher authorities take stringent action against such erring official, it will serve as a lesson for others to follow the law.”
The judge directed the revenue department to inform the court on what action will be taken against the tahsildar by July 27.
Hyderabad, July 20 : The Andhra Pradesh High Court on Monday expressed its displeasure over unilateral decisions taken by some tahsildars in the state.
Justice Goda Raghuram, while dealing with a petition filed by one Mr S. Raghava Rao and two others from Nuzvid in Krishna district, remarked: “Law is immaterial for the lawless, but it is not so for the rule-bound official. However, certain tahsildars in the state are blatantly violating the law.”
The petitioners complained to the court that the Nuzvid tahsildar acquired 2.25 acres of land belonging to them without any notice in 2007. The judge expressed his anger and said: “If the higher authorities take stringent action against such erring official, it will serve as a lesson for others to follow the law.”
The judge directed the revenue department to inform the court on what action will be taken against the tahsildar by July 27.
Ramoji asks for exemption
By S A Ishaqui
Hyderabad,July 20 : Media baron, Mr Ch. Ramoji Rao on Monday approached the Andhra Pradesh High Court seeking a direction to quash the orders passed by a lower court for his personal appearance in the Margadarsi financiers case.
The first additional chief metropolitan magistrate of the city criminal court had on July 13 refused to dispense with the personal appearance of Mr Ramoji Rao in the case.
Mr Ramoji Rao, appeared before the court on June 25 in the case and filed a petition seeking dispensation from personal appearance on July 1. Aggrieved by the lower court’s order, Mr Rao filed the quash petitions seeking an interim plea to dispense with his personal appearance and permit him to be represented by special vakalat holder on his behalf.
Hyderabad,July 20 : Media baron, Mr Ch. Ramoji Rao on Monday approached the Andhra Pradesh High Court seeking a direction to quash the orders passed by a lower court for his personal appearance in the Margadarsi financiers case.
The first additional chief metropolitan magistrate of the city criminal court had on July 13 refused to dispense with the personal appearance of Mr Ramoji Rao in the case.
Mr Ramoji Rao, appeared before the court on June 25 in the case and filed a petition seeking dispensation from personal appearance on July 1. Aggrieved by the lower court’s order, Mr Rao filed the quash petitions seeking an interim plea to dispense with his personal appearance and permit him to be represented by special vakalat holder on his behalf.
Friday, July 17, 2009
No GHMC poll notification till July 23
By S A Ishaqui
Hyderabad,July 16: The advocate-general, Mr D.V. Seetharam Murthy on Thursday told the Andhra Pradesh High Court that no notification will be issued for conducting elections for the Greater Hyderabad Municipal Corporation till July 23.
Explaining the stand of the government before a division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan, he said the pre-electoral process has been completed to conduct civic body polls.
“The notification is unlikely before July 23,’’ he added.
The judges asked the AG to be specific on whether the notification will be issued either before or after July 23.
The bench was dealing with a batch of writ petitions were filed against the reservation process and discrepancies in the electoral lists and also delimitation of wards and the reservation of wards to Backward Classes, Scheduled Castes and Scheduled Tribes.
The judges said they have decided to hear all the petitions on July 23. If the notification is issued prior to the date, the petitions become infractuous.
The bench reminded that once the notification is issued there is bar to adjudicate the cases.
The judges told the AG that “all the petitions are in admission stage. This court wants to hear them before taking a final decision on them. We want specific information on the date of notification. If the notification is likely to be issued prior to the date, we will take up the hearing on Friday.”
Mr Murthy said he will get back to them after consulting the authorities concerned and a few moments later he told the court that there will not be any notification till 23 and even on that date.
MBBS students can write exam
The Andhra Pradesh High Court on Thursday directed the NTR University of Health Sciences to allow six first year MBBS students to appear for examinations scheduled from July 21.
The court was dealing with a petition filed by Ms Sneha Priya and five others challenging the action taken against them by the university disqualifying them from appearing for examination for shortage of attendance.
The petitioners told the court that they got admission into the course under sports category after the High Court gave a direction in January 2009.
They contended that it was not their fault that the attendance was short and said the University delayed their admission.
The University contended that as per the rules of the Medical Council of India and the directions of the Supreme Court, no admission will be made after September 30 in any academic year.
It argued that their admissions were based on the court order and the MCI had not yet approved their admissions.
However, the court directed the university to allow them to write examination and results will be subject to the final outcome of the petition.
Stay on work given to MLC
The Andhra Pradesh High Court on Thursday granted stay on a contract awarded to Congress MLC, Mr N. Vidyasagar, for removing silt and sand from the bed of Moosi river in Nalgonda district.
The court was dealing with a petition filed by one Mr Krishna Yadav of the distinct challenging the action.
The petitioner contended that the government had no power to give permission for a particular gram panchayat or individual to remove sand and silt and sell it under the guise of de-silting.
Hyderabad,July 16: The advocate-general, Mr D.V. Seetharam Murthy on Thursday told the Andhra Pradesh High Court that no notification will be issued for conducting elections for the Greater Hyderabad Municipal Corporation till July 23.
Explaining the stand of the government before a division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan, he said the pre-electoral process has been completed to conduct civic body polls.
“The notification is unlikely before July 23,’’ he added.
The judges asked the AG to be specific on whether the notification will be issued either before or after July 23.
The bench was dealing with a batch of writ petitions were filed against the reservation process and discrepancies in the electoral lists and also delimitation of wards and the reservation of wards to Backward Classes, Scheduled Castes and Scheduled Tribes.
The judges said they have decided to hear all the petitions on July 23. If the notification is issued prior to the date, the petitions become infractuous.
The bench reminded that once the notification is issued there is bar to adjudicate the cases.
The judges told the AG that “all the petitions are in admission stage. This court wants to hear them before taking a final decision on them. We want specific information on the date of notification. If the notification is likely to be issued prior to the date, we will take up the hearing on Friday.”
Mr Murthy said he will get back to them after consulting the authorities concerned and a few moments later he told the court that there will not be any notification till 23 and even on that date.
MBBS students can write exam
The Andhra Pradesh High Court on Thursday directed the NTR University of Health Sciences to allow six first year MBBS students to appear for examinations scheduled from July 21.
The court was dealing with a petition filed by Ms Sneha Priya and five others challenging the action taken against them by the university disqualifying them from appearing for examination for shortage of attendance.
The petitioners told the court that they got admission into the course under sports category after the High Court gave a direction in January 2009.
They contended that it was not their fault that the attendance was short and said the University delayed their admission.
The University contended that as per the rules of the Medical Council of India and the directions of the Supreme Court, no admission will be made after September 30 in any academic year.
It argued that their admissions were based on the court order and the MCI had not yet approved their admissions.
However, the court directed the university to allow them to write examination and results will be subject to the final outcome of the petition.
Stay on work given to MLC
The Andhra Pradesh High Court on Thursday granted stay on a contract awarded to Congress MLC, Mr N. Vidyasagar, for removing silt and sand from the bed of Moosi river in Nalgonda district.
The court was dealing with a petition filed by one Mr Krishna Yadav of the distinct challenging the action.
The petitioner contended that the government had no power to give permission for a particular gram panchayat or individual to remove sand and silt and sell it under the guise of de-silting.
Wednesday, July 15, 2009
APIIC clears its stand on forest land
By S A Ishaqui
Hyderabad,July 14: The Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has informed the AP High Court that 4,067 acres of forest land at Mamidipally and Kancha Imarath in Ranga Reddy district were de-reserved for non-forest purpose before the Forest Conservation Act, 1980 came into force.
The APIIC allotted part of this land to various hardware and software projects and a Gems Special Economic Zone and other institutions like Indu Techzone Pvt Ltd, Brahmini Infratech Pvr Ltd, HCL Info Systems, Aga Khan Foundation, JT Holdings and five other projects.
A public interest litigation was filed against the allotments contending that the government allotted lands without prior permission from the Centre. The Forum for Better Hyderabad filed the petition seeking a direction to declare the allotments as illegal.
Refuting the petitioner’s contentions, the APIIC said that the Mamidipally block was de-reserved in 1974 and the lands situated at Kancha Imarath are not forest land and have been used for non-forest purpose for over three decades.
The APIIC told the court that 1,000 acres were given for the Shamshabad Airport and 2,500 acres were given to the Research Centre Imarat in the blocks. The corporation has decided to develop a hardware park on the remaining land. It allotted 1,109 acres in April 2000 to Catalytic Software Limited , Millennium Appliances India Ltd, Astra Microwave Products Ltd and Hyderabad Gems SEZ Ltd.
Action sought on overloading
A writ petition was filed in the Andhra Pradesh High Court on Tuesday seeking a direction to the authorities concerned to initiate action on the illegal transport of overloaded vehicles on roads and highways.
Northern Sand and Bricks Lorry Owners’ Association represented by its president, Mr T. Raja Malla Reddy, filed the petition stating that several lorries are transporting sand in overloaded trucks from Medak, Nizamabad , Adilabad, Karimnagar and Krishna districts to the city every day. The petitioner alleged that neither the transport authorities nor the mines and geology department bothered to take action against the violators of rules.
He said that they submitted several representations to the authorities concerned, but they did not take any action against the violators.
HC stays land acquisition
The Andhra Pradesh High Court on Tuesday stayed the land acquisition proceedings pertaining to 24 acres in Chinaganjam mandal of Prakasam district.
The authorities were acquiring the land for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Project (Vanpic).
Hyderabad,July 14: The Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has informed the AP High Court that 4,067 acres of forest land at Mamidipally and Kancha Imarath in Ranga Reddy district were de-reserved for non-forest purpose before the Forest Conservation Act, 1980 came into force.
The APIIC allotted part of this land to various hardware and software projects and a Gems Special Economic Zone and other institutions like Indu Techzone Pvt Ltd, Brahmini Infratech Pvr Ltd, HCL Info Systems, Aga Khan Foundation, JT Holdings and five other projects.
A public interest litigation was filed against the allotments contending that the government allotted lands without prior permission from the Centre. The Forum for Better Hyderabad filed the petition seeking a direction to declare the allotments as illegal.
Refuting the petitioner’s contentions, the APIIC said that the Mamidipally block was de-reserved in 1974 and the lands situated at Kancha Imarath are not forest land and have been used for non-forest purpose for over three decades.
The APIIC told the court that 1,000 acres were given for the Shamshabad Airport and 2,500 acres were given to the Research Centre Imarat in the blocks. The corporation has decided to develop a hardware park on the remaining land. It allotted 1,109 acres in April 2000 to Catalytic Software Limited , Millennium Appliances India Ltd, Astra Microwave Products Ltd and Hyderabad Gems SEZ Ltd.
Action sought on overloading
A writ petition was filed in the Andhra Pradesh High Court on Tuesday seeking a direction to the authorities concerned to initiate action on the illegal transport of overloaded vehicles on roads and highways.
Northern Sand and Bricks Lorry Owners’ Association represented by its president, Mr T. Raja Malla Reddy, filed the petition stating that several lorries are transporting sand in overloaded trucks from Medak, Nizamabad , Adilabad, Karimnagar and Krishna districts to the city every day. The petitioner alleged that neither the transport authorities nor the mines and geology department bothered to take action against the violators of rules.
He said that they submitted several representations to the authorities concerned, but they did not take any action against the violators.
HC stays land acquisition
The Andhra Pradesh High Court on Tuesday stayed the land acquisition proceedings pertaining to 24 acres in Chinaganjam mandal of Prakasam district.
The authorities were acquiring the land for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Project (Vanpic).
APIIC clears its stand on forest land
By S A Ishaqui
Hyderabad,July 14: The Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has informed the AP High Court that 4,067 acres of forest land at Mamidipally and Kancha Imarath in Ranga Reddy district were de-reserved for non-forest purpose before the Forest Conservation Act, 1980 came into force.
The APIIC allotted part of this land to various hardware and software projects and a Gems Special Economic Zone and other institutions like Indu Techzone Pvt Ltd, Brahmini Infratech Pvr Ltd, HCL Info Systems, Aga Khan Foundation, JT Holdings and five other projects.
A public interest litigation was filed against the allotments contending that the government allotted lands without prior permission from the Centre. The Forum for Better Hyderabad filed the petition seeking a direction to declare the allotments as illegal.
Refuting the petitioner’s contentions, the APIIC said that the Mamidipally block was de-reserved in 1974 and the lands situated at Kancha Imarath are not forest land and have been used for non-forest purpose for over three decades.
The APIIC told the court that 1,000 acres were given for the Shamshabad Airport and 2,500 acres were given to the Research Centre Imarat in the blocks. The corporation has decided to develop a hardware park on the remaining land. It allotted 1,109 acres in April 2000 to Catalytic Software Limited , Millennium Appliances India Ltd, Astra Microwave Products Ltd and Hyderabad Gems SEZ Ltd.
Action sought on overloading
A writ petition was filed in the Andhra Pradesh High Court on Tuesday seeking a direction to the authorities concerned to initiate action on the illegal transport of overloaded vehicles on roads and highways.
Northern Sand and Bricks Lorry Owners’ Association represented by its president, Mr T. Raja Malla Reddy, filed the petition stating that several lorries are transporting sand in overloaded trucks from Medak, Nizamabad , Adilabad, Karimnagar and Krishna districts to the city every day. The petitioner alleged that neither the transport authorities nor the mines and geology department bothered to take action against the violators of rules.
He said that they submitted several representations to the authorities concerned, but they did not take any action against the violators.
HC stays land acquisition
The Andhra Pradesh High Court on Tuesday stayed the land acquisition proceedings pertaining to 24 acres in Chinaganjam mandal of Prakasam district.
The authorities were acquiring the land for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Project (Vanpic).
Hyderabad,July 14: The Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has informed the AP High Court that 4,067 acres of forest land at Mamidipally and Kancha Imarath in Ranga Reddy district were de-reserved for non-forest purpose before the Forest Conservation Act, 1980 came into force.
The APIIC allotted part of this land to various hardware and software projects and a Gems Special Economic Zone and other institutions like Indu Techzone Pvt Ltd, Brahmini Infratech Pvr Ltd, HCL Info Systems, Aga Khan Foundation, JT Holdings and five other projects.
A public interest litigation was filed against the allotments contending that the government allotted lands without prior permission from the Centre. The Forum for Better Hyderabad filed the petition seeking a direction to declare the allotments as illegal.
Refuting the petitioner’s contentions, the APIIC said that the Mamidipally block was de-reserved in 1974 and the lands situated at Kancha Imarath are not forest land and have been used for non-forest purpose for over three decades.
The APIIC told the court that 1,000 acres were given for the Shamshabad Airport and 2,500 acres were given to the Research Centre Imarat in the blocks. The corporation has decided to develop a hardware park on the remaining land. It allotted 1,109 acres in April 2000 to Catalytic Software Limited , Millennium Appliances India Ltd, Astra Microwave Products Ltd and Hyderabad Gems SEZ Ltd.
Action sought on overloading
A writ petition was filed in the Andhra Pradesh High Court on Tuesday seeking a direction to the authorities concerned to initiate action on the illegal transport of overloaded vehicles on roads and highways.
Northern Sand and Bricks Lorry Owners’ Association represented by its president, Mr T. Raja Malla Reddy, filed the petition stating that several lorries are transporting sand in overloaded trucks from Medak, Nizamabad , Adilabad, Karimnagar and Krishna districts to the city every day. The petitioner alleged that neither the transport authorities nor the mines and geology department bothered to take action against the violators of rules.
He said that they submitted several representations to the authorities concerned, but they did not take any action against the violators.
HC stays land acquisition
The Andhra Pradesh High Court on Tuesday stayed the land acquisition proceedings pertaining to 24 acres in Chinaganjam mandal of Prakasam district.
The authorities were acquiring the land for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Project (Vanpic).
Tuesday, July 14, 2009
Cops faulted for harassing couple
By S A Ishaqui
Hyderabad,July 13: Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court, on Monday, pulled up the police for their alleged harassment of a couple in Nagari town of Chittoor district.
The judge sought to know whether the police thought that the uniform was a licence for them to harass people. He posed a series of questions to the circle inspector and sub-inspector of Nagari police station. Both the officers appeared before the judge pursuant to an earlier order issued by the judge.
The judge was dealing with a petition filed by one Mr M.R. Ganesh Raja and his wife Ms M.G. Gayatri Devi, along with their relative Mr V.R. Sankara Narayana seeking protection from these two policemen. The petitioners alleged that the police was harassing them daily at the behest of one S. Subrahmanyam, a business man.
According to the petitioners, the businessman earlier lodged a case of stealing against them. They told the court that when Mr Ganesh Raja was illegally detained by the police, Mr Sankara Narayana filed a Habeus Corpus petition in the High Court.
They said that since then the police was harassing Mr Sankara Narayana and Ms Gayatri Devi. They submitted to the court that even after the fingerprints bureau gave a clean chit to them, the police continued to harass them. The judge asked the police officers why they avoided mentioning a key issue like fingerprints bureau report which gave the couple a clean chit.
Hyderabad,July 13: Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court, on Monday, pulled up the police for their alleged harassment of a couple in Nagari town of Chittoor district.
The judge sought to know whether the police thought that the uniform was a licence for them to harass people. He posed a series of questions to the circle inspector and sub-inspector of Nagari police station. Both the officers appeared before the judge pursuant to an earlier order issued by the judge.
The judge was dealing with a petition filed by one Mr M.R. Ganesh Raja and his wife Ms M.G. Gayatri Devi, along with their relative Mr V.R. Sankara Narayana seeking protection from these two policemen. The petitioners alleged that the police was harassing them daily at the behest of one S. Subrahmanyam, a business man.
According to the petitioners, the businessman earlier lodged a case of stealing against them. They told the court that when Mr Ganesh Raja was illegally detained by the police, Mr Sankara Narayana filed a Habeus Corpus petition in the High Court.
They said that since then the police was harassing Mr Sankara Narayana and Ms Gayatri Devi. They submitted to the court that even after the fingerprints bureau gave a clean chit to them, the police continued to harass them. The judge asked the police officers why they avoided mentioning a key issue like fingerprints bureau report which gave the couple a clean chit.
Ramoji has to come personally
By S A Ishaqui
Hyderabad, July 13 : The first additional chief metropolitan magistrate of city criminal court on Monday refused to dispense with the personal appearance of media baron, Mr Ch. Ramoji Rao in the Maragadarsi Financiers case.
While dismissing a petition filed by Mr Ramoji Rao seeking a direction to exempt him from personal appearance before the court during the trial of the case, the magistrate Mr Syed Lateef-ur-Rahaman, said the case involved multi-crore transactions and examination of bulky documents. It gets delayed in his (Mr Ramoji Rao) absence.
He observed that according to relevant provisions of the CrPC all the evidences have to be examined in the presence of the accused. While citing two directions of the Supreme Court, the magistrate opined that there was need to dispense with the personal appearance of the accused.
Hyderabad, July 13 : The first additional chief metropolitan magistrate of city criminal court on Monday refused to dispense with the personal appearance of media baron, Mr Ch. Ramoji Rao in the Maragadarsi Financiers case.
While dismissing a petition filed by Mr Ramoji Rao seeking a direction to exempt him from personal appearance before the court during the trial of the case, the magistrate Mr Syed Lateef-ur-Rahaman, said the case involved multi-crore transactions and examination of bulky documents. It gets delayed in his (Mr Ramoji Rao) absence.
He observed that according to relevant provisions of the CrPC all the evidences have to be examined in the presence of the accused. While citing two directions of the Supreme Court, the magistrate opined that there was need to dispense with the personal appearance of the accused.
Writ filed on Vanpic land
By S A Ishaqui
Hyderabad, July 13 : Two writ petitions were filed in the Andhra Pradesh High Court on Monday challenging an order issued by the government facilitating land acquisition for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Prjoect (Vanpic).
Mr G.V. Ramana and his wife Ms Padma, residents of Guntur, filed the petitions seeking a direction to set aside the order issued on June 26, 2009 rejecting the objections filed by them and others on proposed land acquisition for the project. Mr Ramana said that they had 18 acres and his wife had 6 acres in Chinaganjam mandal.
Hyderabad, July 13 : Two writ petitions were filed in the Andhra Pradesh High Court on Monday challenging an order issued by the government facilitating land acquisition for the proposed Vadarevu and Nizampatnam Ports Industrial Corridor Prjoect (Vanpic).
Mr G.V. Ramana and his wife Ms Padma, residents of Guntur, filed the petitions seeking a direction to set aside the order issued on June 26, 2009 rejecting the objections filed by them and others on proposed land acquisition for the project. Mr Ramana said that they had 18 acres and his wife had 6 acres in Chinaganjam mandal.
Sunday, July 12, 2009
Plea on Act to take care of parents
By S A Ishaqui
Hyderabad,June 11: The AP High Court, on Thursday, admitted a writ petition challenging some of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007. A division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar, while admitting a petition filed by a voluntary organisation - Centre for Alternative Dispute Resolution and Education (Cadre) , issued a notice to the Union government to explain its stand on the petition within three weeks.
The court sought to know from the authorities how a simple phrase in the Act which was threatening to nullify the very purpose of the Act crept into the rule book.
The new Act was brought into force in order to protect the lives and properties of older people. According to the new Act, parents who are neglected by their sons and relatives after properties are transferred to them, can either get maintenance from the transferees of such property or reclaim the property through a simple process and as a matter of right.
The petitioner challenged Section 23 (1) of the Act. The relevant Section says that this was applicable to only those old people who transfer their property after the commencement of this Act. Mr N.V. Ananth Krsihan, counsel for the petitioner, told the court that this was discriminatory and rendered the Act helpless for those who had transferred their properties prior to the Act.
He urged the court to remove the phrase “after the commencement of this Act”, from the Act and make it applicable to all those who are suffering after transferring their properties.
HC: Stop GHMC nominations
The AP High Court, on Thursday, stayed the contracts allotted by the Greater Hyderabad Municipal Corporation and Hyderabad Metropolitan Development Authority to various firms to arrange and advertise on kiosks, glow signboards at central media, road divider railings, hoardings on nomination basis.
Justice G. Rohini, while dealing with a petition filed by one Mr Srikanth Inapurapu, a resident of the city, observed that contracts awarded by the GHMC and HMDA should be done only after calling tenders and then award works as per Section 126 to 129 A of the Hyderabad Municipal Corporation Act.
The petitioner alleged that the GHMC awarded contracts to one firm under different names and said that it had influence in the government to secure contracts on a nomination basis.
He placed the material before the court to show that the contracts were being given on nomination basis. The petitioner contended that the rules provide for tender process and the GHMC cannot be award contracts on nomination basis. The judge was not inclined to accept GHMC’s explanation.
Hyderabad,June 11: The AP High Court, on Thursday, admitted a writ petition challenging some of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007. A division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar, while admitting a petition filed by a voluntary organisation - Centre for Alternative Dispute Resolution and Education (Cadre) , issued a notice to the Union government to explain its stand on the petition within three weeks.
The court sought to know from the authorities how a simple phrase in the Act which was threatening to nullify the very purpose of the Act crept into the rule book.
The new Act was brought into force in order to protect the lives and properties of older people. According to the new Act, parents who are neglected by their sons and relatives after properties are transferred to them, can either get maintenance from the transferees of such property or reclaim the property through a simple process and as a matter of right.
The petitioner challenged Section 23 (1) of the Act. The relevant Section says that this was applicable to only those old people who transfer their property after the commencement of this Act. Mr N.V. Ananth Krsihan, counsel for the petitioner, told the court that this was discriminatory and rendered the Act helpless for those who had transferred their properties prior to the Act.
He urged the court to remove the phrase “after the commencement of this Act”, from the Act and make it applicable to all those who are suffering after transferring their properties.
HC: Stop GHMC nominations
The AP High Court, on Thursday, stayed the contracts allotted by the Greater Hyderabad Municipal Corporation and Hyderabad Metropolitan Development Authority to various firms to arrange and advertise on kiosks, glow signboards at central media, road divider railings, hoardings on nomination basis.
Justice G. Rohini, while dealing with a petition filed by one Mr Srikanth Inapurapu, a resident of the city, observed that contracts awarded by the GHMC and HMDA should be done only after calling tenders and then award works as per Section 126 to 129 A of the Hyderabad Municipal Corporation Act.
The petitioner alleged that the GHMC awarded contracts to one firm under different names and said that it had influence in the government to secure contracts on a nomination basis.
He placed the material before the court to show that the contracts were being given on nomination basis. The petitioner contended that the rules provide for tender process and the GHMC cannot be award contracts on nomination basis. The judge was not inclined to accept GHMC’s explanation.
Friday, July 10, 2009
AP High Court suggests transfer of ACP in city
By S A Ishaqui
Hyderabad,July 9: Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court on Thursday asked the city police commissioner to consider shifting an assistant commissioner of police of Banjara Hills division to a non-focal post.
The judge was dealing with a petition filed by Mohammed Junaid Hussain and others complaining that the ACP was interfering in civil disputes. Prior to this petition the judge also dealt with another petition in which the same complaint was made against the ACP by the petitioner.
Ms W. Rachana, assistant government pleader for home department, told the court that the authorities did not notice any involvement of the official in unduly interfering in civil cases. She said this was also mentioned in the counter affidavit filed by the department.
She submitted that there was a case and counter case against the petitioners and respondents pertaining to their civil dispute.
While accepting the counter affidavit, the judge observed that the involvement of the ACP was noticed by the court in more than one case, keeping in view of the adverse complaints against the ACP, the commissioner should consider to shift him to a non-focal post.
AP told to file affidavit on poll
The Andhra Pradesh High Court on Thursday directed the state government to file its counter affidavit on a petition filed against the conduct of elections to the Greater Hyderabad Municipal Corporation without finalising the delimitation of wards.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was dealing with a writ petition filed by Mr Pradeep Kumar, a practising advocate. The petitioner also challenged the reservation of wards for some Muslim communities in the ensuing elections to GHMC.
Mr N. Ramachandra Rao, counsel for the petitioner, contended that the proposed reservation of wards for Muslims was not sustainable. He sought an interim direction that the reservation may not be implemented. The court was not inclined to interfere in reservations as the case was already pending in the Supreme Court.
He said the delimitation of wards as proposed and published was not in accordance with rules and law. The court posted the matter for two weeks.
No polytechnic in BE colleges
The Andhra Pradesh High Court on Thursday stayed an order issued by the state government to allow polytechnic courses to be conducted in engineering colleges as a second shift.
The government recently gave permission to the private engineering colleges to run the courses in second shifts in addition to the main courses.
The private polytechnics management association challenged the order in the court. They told the court the decision of the government would have an adverse impact on them and they are running the institutes for the past three decades. The court granted an interim stay and asked the respondents to submit their replies.
Teacher transfer order suspended
The AP Administrative Tribunal (APAT) on Thursday suspended a guideline issued by the commissioner of school education pertaining to the transfer of teachers.
The tribunal directed the school education department to transfer teachers in accordance with the statutory rules issued by the state government on January 23, 2009.
The tribunal was dealing with an application filed by Mr K. Raghupal Reddy, a teacher of government model school, Nagarjunasagar. He told the tribunal that according to the government rules, a teacher who was appointed and posted in a panchayat raj or zilla parishad school initially will now be posted in the schools run by the same zilla parishad managements irrespective of his or her present posting.
However, the commissioner’s order says that if the teacher is currently employed in a government or corporation school or a ZP school, he will go to the same category of schools.
Hyderabad,July 9: Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court on Thursday asked the city police commissioner to consider shifting an assistant commissioner of police of Banjara Hills division to a non-focal post.
The judge was dealing with a petition filed by Mohammed Junaid Hussain and others complaining that the ACP was interfering in civil disputes. Prior to this petition the judge also dealt with another petition in which the same complaint was made against the ACP by the petitioner.
Ms W. Rachana, assistant government pleader for home department, told the court that the authorities did not notice any involvement of the official in unduly interfering in civil cases. She said this was also mentioned in the counter affidavit filed by the department.
She submitted that there was a case and counter case against the petitioners and respondents pertaining to their civil dispute.
While accepting the counter affidavit, the judge observed that the involvement of the ACP was noticed by the court in more than one case, keeping in view of the adverse complaints against the ACP, the commissioner should consider to shift him to a non-focal post.
AP told to file affidavit on poll
The Andhra Pradesh High Court on Thursday directed the state government to file its counter affidavit on a petition filed against the conduct of elections to the Greater Hyderabad Municipal Corporation without finalising the delimitation of wards.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan was dealing with a writ petition filed by Mr Pradeep Kumar, a practising advocate. The petitioner also challenged the reservation of wards for some Muslim communities in the ensuing elections to GHMC.
Mr N. Ramachandra Rao, counsel for the petitioner, contended that the proposed reservation of wards for Muslims was not sustainable. He sought an interim direction that the reservation may not be implemented. The court was not inclined to interfere in reservations as the case was already pending in the Supreme Court.
He said the delimitation of wards as proposed and published was not in accordance with rules and law. The court posted the matter for two weeks.
No polytechnic in BE colleges
The Andhra Pradesh High Court on Thursday stayed an order issued by the state government to allow polytechnic courses to be conducted in engineering colleges as a second shift.
The government recently gave permission to the private engineering colleges to run the courses in second shifts in addition to the main courses.
The private polytechnics management association challenged the order in the court. They told the court the decision of the government would have an adverse impact on them and they are running the institutes for the past three decades. The court granted an interim stay and asked the respondents to submit their replies.
Teacher transfer order suspended
The AP Administrative Tribunal (APAT) on Thursday suspended a guideline issued by the commissioner of school education pertaining to the transfer of teachers.
The tribunal directed the school education department to transfer teachers in accordance with the statutory rules issued by the state government on January 23, 2009.
The tribunal was dealing with an application filed by Mr K. Raghupal Reddy, a teacher of government model school, Nagarjunasagar. He told the tribunal that according to the government rules, a teacher who was appointed and posted in a panchayat raj or zilla parishad school initially will now be posted in the schools run by the same zilla parishad managements irrespective of his or her present posting.
However, the commissioner’s order says that if the teacher is currently employed in a government or corporation school or a ZP school, he will go to the same category of schools.
AP High Court comes to couple’s rescue
By S A Ishaqui
Hyderabad,July 9: The AP High Court on Thursday censured the transport department for causing agony to a couple whose vehicle was seized.
The court was dealing with a case in which one Mr B. Phanidra Reddy’s car was seized when he was driving his wife to her home in Vijayawada from Bengaluru.
The petitioner told the court that an assistant motor vehicle inspector seized his vehicle near Vijayawada. He requested the officer to keep the documents and let him take his wife to her house. However, his request was turned down.
Mr C.V.R. Rudra Prasad, counsel for the petitioner, told the judge that when his client approached the deputy transport commissioner office in Vijayawada, the authorities told him to pay Rs 1 lakh as life tax to AP, since the vehicle was registered in Karnataka.
When Mr Reddy asked why he has to pay the tax which he had paid in Bengaluru, the authorities alleged that the vehicle was plying in the state for the past one month.
Mr Prasad contended that his client had reached Vijayawada only on June 23 and he was in Bengaluru on June 19.
To prove his claim, Mr Prasad produced a challan which the policemen had issued to Mr Reddy in Bengaluru on June 19 for parking in a no-parking zone. A fuel bill was also submitted to substantiate his claim.
Justice Goda Raghuram, who was hearing the case, warned the authorities not to do dadagiri on citizens.
He asked the authorities to release the vehicle. He said if they had the power to detain the vehicle, they must prove it by 2.15 pm on Friday.
The judge warned that the authorities will be fined heavily if they did not comply.
Hyderabad,July 9: The AP High Court on Thursday censured the transport department for causing agony to a couple whose vehicle was seized.
The court was dealing with a case in which one Mr B. Phanidra Reddy’s car was seized when he was driving his wife to her home in Vijayawada from Bengaluru.
The petitioner told the court that an assistant motor vehicle inspector seized his vehicle near Vijayawada. He requested the officer to keep the documents and let him take his wife to her house. However, his request was turned down.
Mr C.V.R. Rudra Prasad, counsel for the petitioner, told the judge that when his client approached the deputy transport commissioner office in Vijayawada, the authorities told him to pay Rs 1 lakh as life tax to AP, since the vehicle was registered in Karnataka.
When Mr Reddy asked why he has to pay the tax which he had paid in Bengaluru, the authorities alleged that the vehicle was plying in the state for the past one month.
Mr Prasad contended that his client had reached Vijayawada only on June 23 and he was in Bengaluru on June 19.
To prove his claim, Mr Prasad produced a challan which the policemen had issued to Mr Reddy in Bengaluru on June 19 for parking in a no-parking zone. A fuel bill was also submitted to substantiate his claim.
Justice Goda Raghuram, who was hearing the case, warned the authorities not to do dadagiri on citizens.
He asked the authorities to release the vehicle. He said if they had the power to detain the vehicle, they must prove it by 2.15 pm on Friday.
The judge warned that the authorities will be fined heavily if they did not comply.
Thursday, July 9, 2009
HC tells CS to oversee woman’s death probe
By S A Ishaqui
Hyderabad,July 8: The Andhra Pradesh High Court has directed the Chief Secretary to personally monitor the probe into the brutal killing of a sportswoman Sophy Thomas at Guntakal in Anantapur district in 2002. This is said to be the first time in the recent past that the High Court passed an order directing the Chief Secretary to personally monitor a criminal case investigation.
Justice C.V. Nagarjuna Reddy, dealing with a petition filed by parents of the victim, expressed dissatisfaction over the police investigation.
The judge observed: “I am of the prima facie opinion that there is laxity in the investigation.” The court directed the Chief Secretary to personally look into the case and take necessary measures to ensure that the persons involved in the murder are identified and brought to book. The court also directed the CS to file his personal affidavit on this and also explain the steps taken by him to fix accountability and responsibility for any possible laxity on the part of police administration in not effectively investigating the crime.
The judge observed: “A prime facie perusal of the investigation report reveals that the investigation officer did not take the necessary care in identifying the culprits.” “Though the petitioners in their representation to the President of India pointed out as many as five suspects including Zacharaiah and Sanjeev, the report does not contain the two names among those whose statements were recorded,” the judge said.
The court directed the CS to submit his counter affidavit by August 4. Sophy Thomas who was an athlete and native of Pathanamthitta district in Kerala, was recruited in South Western Railway, Guntakal division, under sports quota in 2001 and was residing at the working women’s dormitory in Arvinda Nagar of Guntakal town. She was found dead in the dormitory with multiple stab injuries on December 31, 2002.
As the police failed to trace the killers of their daughter, Mr V.C. Thomas and Ms Shobhana Thomas, parents of the victim, knocked on all possible doors to get justice. They also appealed to the President. They filed a petition in the High Court in 2007.
Hyderabad,July 8: The Andhra Pradesh High Court has directed the Chief Secretary to personally monitor the probe into the brutal killing of a sportswoman Sophy Thomas at Guntakal in Anantapur district in 2002. This is said to be the first time in the recent past that the High Court passed an order directing the Chief Secretary to personally monitor a criminal case investigation.
Justice C.V. Nagarjuna Reddy, dealing with a petition filed by parents of the victim, expressed dissatisfaction over the police investigation.
The judge observed: “I am of the prima facie opinion that there is laxity in the investigation.” The court directed the Chief Secretary to personally look into the case and take necessary measures to ensure that the persons involved in the murder are identified and brought to book. The court also directed the CS to file his personal affidavit on this and also explain the steps taken by him to fix accountability and responsibility for any possible laxity on the part of police administration in not effectively investigating the crime.
The judge observed: “A prime facie perusal of the investigation report reveals that the investigation officer did not take the necessary care in identifying the culprits.” “Though the petitioners in their representation to the President of India pointed out as many as five suspects including Zacharaiah and Sanjeev, the report does not contain the two names among those whose statements were recorded,” the judge said.
The court directed the CS to submit his counter affidavit by August 4. Sophy Thomas who was an athlete and native of Pathanamthitta district in Kerala, was recruited in South Western Railway, Guntakal division, under sports quota in 2001 and was residing at the working women’s dormitory in Arvinda Nagar of Guntakal town. She was found dead in the dormitory with multiple stab injuries on December 31, 2002.
As the police failed to trace the killers of their daughter, Mr V.C. Thomas and Ms Shobhana Thomas, parents of the victim, knocked on all possible doors to get justice. They also appealed to the President. They filed a petition in the High Court in 2007.
Stop police interference in civil rows
By S A Ishaqui
Hyderabad,July 8: The Andhra Pradesh High Court has directed the director-general of police to frame guidelines to curb unwarranted interference of the police in civil disputes.
Justice C.V. Nagarjuna Reddy while dealing with a petition filed by one Ms Farzana Begum complaining that the assistant commissioner of Cyberabad is interfering in a dispute between her and one Abdul Sattar pertaining to her plot at Balapur, directed the DGP to initiate departmental proceedings against the ACP.
The judge observed: “This court has been time and again directing the police not to interfere in civil disputes. The instances of complaints by way of writ petitions against such interference are increasing of late.” “It is regretful that directions given by this court in such cases are not yielding proper results. The police appears to be treating the directions being confined only to individual cases.’’
The judge pointed out that wherever the police is caught red-handed in such cases, they tried to escape by offering lame excuses. In the present case also the ACP sent a routine reply.
The judge directed the DGP to ensure that the police should strictly adhere to the guidelines prepared by him to prevent the police from interfering in civil disputes. He asked the DGP to file action taken report to the court by August 4.
Wakf changes opposed
The Centre, on Wednesday, strongly opposed before the Andhra Pradesh High Court an argument on scrapping Section 14 of the Wakf Act.
The additional Solicitor General of India, Mr Mohan Parasaran, while arguing before a division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar said that mutavallies are managers of Wakf properties and their functions are not religious in nature.
The bench was dealing with a petition filed by association of AP Sajjada Nasheens, mutavallies and Khidmat Gizaran of Wakfs seeking a direction to scrap the Section 14 of the Act.
The petitioners contended that the Section allowed unnecessary political interference in the affairs of the Wakf Board by appointing MLAs and MPs and elected representatives in the Board. The division posted the hearing to July 13.
DRT case to be held in Chennai
The Centre has referred the matter pertaining to the allegations against D. Gopala Krishna, presiding officer of the Hyderabad Debts Recovery Tribunal (DRT) to the debt recovery appellate tribunal of Chennai to conduct an inquiry.
The assistant Solicitor-General Mr A. Rajasekhara Reddy told this to the Andhra Pradesh High Court on Wednesday during the hearing of a batch of writ petitions filed against the presiding officer.
Mr Reddy told the court that the appellate tribunal is the competent authority to inquire into the issue, but the post of chairman of the appellate tribunal is lying vacant and he asked the Centre to hand over the case to an appropriate authority.
Info sought from entrepreneurs
The Andhra Pradesh High Court on Wednesday asked about 140 entrepreneurs to inform it on when they will establish their industries on the land allotted to them by the Andhra Pradesh Industrial Infrastructure Corporation.
The court was dealing with a batch writ petitions filed by the entrepreneurs challenging the orders passed by APIIC cancelling their allotments on the ground that they failed to establish industries on the land.
The APIIC allotted lands at Industrial Estates in West Godavari, Visakhapatnam, Guntur, Nellore, Prakasam, Mahbubnagar and Anantapur districts.
The petitioner contended that the APIIC did not have the power to cancel the sale deed once it is executed.
Hyderabad,July 8: The Andhra Pradesh High Court has directed the director-general of police to frame guidelines to curb unwarranted interference of the police in civil disputes.
Justice C.V. Nagarjuna Reddy while dealing with a petition filed by one Ms Farzana Begum complaining that the assistant commissioner of Cyberabad is interfering in a dispute between her and one Abdul Sattar pertaining to her plot at Balapur, directed the DGP to initiate departmental proceedings against the ACP.
The judge observed: “This court has been time and again directing the police not to interfere in civil disputes. The instances of complaints by way of writ petitions against such interference are increasing of late.” “It is regretful that directions given by this court in such cases are not yielding proper results. The police appears to be treating the directions being confined only to individual cases.’’
The judge pointed out that wherever the police is caught red-handed in such cases, they tried to escape by offering lame excuses. In the present case also the ACP sent a routine reply.
The judge directed the DGP to ensure that the police should strictly adhere to the guidelines prepared by him to prevent the police from interfering in civil disputes. He asked the DGP to file action taken report to the court by August 4.
Wakf changes opposed
The Centre, on Wednesday, strongly opposed before the Andhra Pradesh High Court an argument on scrapping Section 14 of the Wakf Act.
The additional Solicitor General of India, Mr Mohan Parasaran, while arguing before a division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar said that mutavallies are managers of Wakf properties and their functions are not religious in nature.
The bench was dealing with a petition filed by association of AP Sajjada Nasheens, mutavallies and Khidmat Gizaran of Wakfs seeking a direction to scrap the Section 14 of the Act.
The petitioners contended that the Section allowed unnecessary political interference in the affairs of the Wakf Board by appointing MLAs and MPs and elected representatives in the Board. The division posted the hearing to July 13.
DRT case to be held in Chennai
The Centre has referred the matter pertaining to the allegations against D. Gopala Krishna, presiding officer of the Hyderabad Debts Recovery Tribunal (DRT) to the debt recovery appellate tribunal of Chennai to conduct an inquiry.
The assistant Solicitor-General Mr A. Rajasekhara Reddy told this to the Andhra Pradesh High Court on Wednesday during the hearing of a batch of writ petitions filed against the presiding officer.
Mr Reddy told the court that the appellate tribunal is the competent authority to inquire into the issue, but the post of chairman of the appellate tribunal is lying vacant and he asked the Centre to hand over the case to an appropriate authority.
Info sought from entrepreneurs
The Andhra Pradesh High Court on Wednesday asked about 140 entrepreneurs to inform it on when they will establish their industries on the land allotted to them by the Andhra Pradesh Industrial Infrastructure Corporation.
The court was dealing with a batch writ petitions filed by the entrepreneurs challenging the orders passed by APIIC cancelling their allotments on the ground that they failed to establish industries on the land.
The APIIC allotted lands at Industrial Estates in West Godavari, Visakhapatnam, Guntur, Nellore, Prakasam, Mahbubnagar and Anantapur districts.
The petitioner contended that the APIIC did not have the power to cancel the sale deed once it is executed.
Wednesday, July 8, 2009
HC concerned over sanction of sand permits
By S A Ishaqui
Hyderabad,July 7: The Andhra Pradesh High Court on Tuesday expressed its concern over the indiscriminate sanction of individual permits to carry sand from the Godavari river in East Godavari district.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan while dealing with a petition filed by one Mr Arisetty Durga Rao of the district, directed the counsel for the mines and geology department to produce all the records pertaining to permits granted by the authorities in the district by Wednesday.
The court asked the counsel why they did not conduct public auction for sand quarrying.
The counsel replied that they issued a notification to conduct auction over a dozen times but no one came forward to participate in them. Keeping in view the requirement for need locally the authorities granted temporary permits, he added.
He told the court that the permission was given to those who took up construction of houses and other construction activity taken up by the government. Mr C.V.R. Rudra Prasad, counsel for the petitioner, complained to the court that the local contractors formed a syndicate and prevented others from participating in the auctions. He alleged that they obtain permits in the name of individuals and carried out sand business in the area.
The bench took serious note on the submission and hinted that the authorities have been giving an impression that they were granting permits to the needy , whereas the ground reality was different. The judges asked the counsel for the department to produce photocopies of building permissions and details of demand drafts submitted by individuals to carry sand from the river. The court will hear the matter again on Wednesday.
Report sought on debt tribunal
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the Andhra Pradesh High Court on Tuesday asked the assistant Solicitor General of India, Mr Rajasekhar Reddy, why the Centre did not initiate any action against the presiding officer of the Debt Recovery Tribunal.
The High Court had earlier directed the Centre to probe into the allegations against Mr D. Gopalakrishna, the presiding officer of the Debt Recovery Tribunal. The bench was dealing with a petition filed by Ms M.A. Ali and eight others complaining that the Centre did not take any steps to remove the presiding officer.
The petitioners alleged that the presiding officer was dispensing justice whimsically and was biased. They urged the court to probe into allegations against the presiding officer through a judge of the High Court.
Mr Rajasekhar Reddy told the court that two other writ petitions were also filed against the presiding officer and they were pending before another bench.
He said that one petition was filed questioning the awarding of costs in cases by the presiding officer and another was a quo warranto against his continuance in the post. Mr Reddy said that the Centre wanted to inquiry into the allegations. The judges asked the registry to club those petitions with the present petition and said that they will hear the matter on Wednesday.
Mining not to be stopped
The Andhra Pradesh High Court on Tuesday refused to grant interim order to stop mining operations in the reserve forest area on the Andhra and Karnataka borders till the demarcation of leased mining areas.
The court was dealing with a petition filed by Mr T. Ekambaram, a mining engineer of Bellary challenging a letter issued by the inspector-general of forests, ministry of environment on May 1, 2009.
According to the petitioner, the inspector-general issued a letter on April 2, 2009 directing the state government to suspend the mining operations by Obulapuram Mining Company, Bellary Iron Ores Pvt Ltd, Anantapur Mining Corporation and Y Mahabaleswarappa company in Bellary forest area of the state till demarcation of boundaries.
The petitioner urged the court to conduct manual survey to demarcate boundaries to distinguish the forest and the mining area.
The court said that it will not grant any interim direction till the Centre and the state government file their counter affidavit in the matter and grant two weeks to respondents to file their replies.
Theatres not to be closed
Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court on Tuesday suspended an order of the joint collector of Warangal district for closure of two theatres- Bhavani and Mini Bhavani in the district.
The management of the twin theatres had approached the High Court. The petitioners told the court that the official passed the order directing to shut down about 20 theatres in the district at the instance of the district fire officer. They contended that the order was illegal and it did not refer any provision of the law.
Hyderabad,July 7: The Andhra Pradesh High Court on Tuesday expressed its concern over the indiscriminate sanction of individual permits to carry sand from the Godavari river in East Godavari district.
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan while dealing with a petition filed by one Mr Arisetty Durga Rao of the district, directed the counsel for the mines and geology department to produce all the records pertaining to permits granted by the authorities in the district by Wednesday.
The court asked the counsel why they did not conduct public auction for sand quarrying.
The counsel replied that they issued a notification to conduct auction over a dozen times but no one came forward to participate in them. Keeping in view the requirement for need locally the authorities granted temporary permits, he added.
He told the court that the permission was given to those who took up construction of houses and other construction activity taken up by the government. Mr C.V.R. Rudra Prasad, counsel for the petitioner, complained to the court that the local contractors formed a syndicate and prevented others from participating in the auctions. He alleged that they obtain permits in the name of individuals and carried out sand business in the area.
The bench took serious note on the submission and hinted that the authorities have been giving an impression that they were granting permits to the needy , whereas the ground reality was different. The judges asked the counsel for the department to produce photocopies of building permissions and details of demand drafts submitted by individuals to carry sand from the river. The court will hear the matter again on Wednesday.
Report sought on debt tribunal
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the Andhra Pradesh High Court on Tuesday asked the assistant Solicitor General of India, Mr Rajasekhar Reddy, why the Centre did not initiate any action against the presiding officer of the Debt Recovery Tribunal.
The High Court had earlier directed the Centre to probe into the allegations against Mr D. Gopalakrishna, the presiding officer of the Debt Recovery Tribunal. The bench was dealing with a petition filed by Ms M.A. Ali and eight others complaining that the Centre did not take any steps to remove the presiding officer.
The petitioners alleged that the presiding officer was dispensing justice whimsically and was biased. They urged the court to probe into allegations against the presiding officer through a judge of the High Court.
Mr Rajasekhar Reddy told the court that two other writ petitions were also filed against the presiding officer and they were pending before another bench.
He said that one petition was filed questioning the awarding of costs in cases by the presiding officer and another was a quo warranto against his continuance in the post. Mr Reddy said that the Centre wanted to inquiry into the allegations. The judges asked the registry to club those petitions with the present petition and said that they will hear the matter on Wednesday.
Mining not to be stopped
The Andhra Pradesh High Court on Tuesday refused to grant interim order to stop mining operations in the reserve forest area on the Andhra and Karnataka borders till the demarcation of leased mining areas.
The court was dealing with a petition filed by Mr T. Ekambaram, a mining engineer of Bellary challenging a letter issued by the inspector-general of forests, ministry of environment on May 1, 2009.
According to the petitioner, the inspector-general issued a letter on April 2, 2009 directing the state government to suspend the mining operations by Obulapuram Mining Company, Bellary Iron Ores Pvt Ltd, Anantapur Mining Corporation and Y Mahabaleswarappa company in Bellary forest area of the state till demarcation of boundaries.
The petitioner urged the court to conduct manual survey to demarcate boundaries to distinguish the forest and the mining area.
The court said that it will not grant any interim direction till the Centre and the state government file their counter affidavit in the matter and grant two weeks to respondents to file their replies.
Theatres not to be closed
Justice C.V. Nagarjuna Reddy of the Andhra Pradesh High Court on Tuesday suspended an order of the joint collector of Warangal district for closure of two theatres- Bhavani and Mini Bhavani in the district.
The management of the twin theatres had approached the High Court. The petitioners told the court that the official passed the order directing to shut down about 20 theatres in the district at the instance of the district fire officer. They contended that the order was illegal and it did not refer any provision of the law.
Tuesday, July 7, 2009
Begumpet airport should close, say HC
By S A Ishaqui
Hyderabad,July 6: The AP High Court on Monday justified the Centre’s decision to close the Begumpet airport. A division bench while dismissing three writ petitions said the decision to close down the Begumpet airport fell within the realm of a policy decision.
The court did not agree with the contentions of the petitioners that there was no specific provisions in the Aircraft Act, 1934 and the Airports Authority of India Act, 1994, for the closure of existing airport. Mr S. Srinivas Reddy, a journalist, from Saroornagar, Mr Sreemannarayana Swamy from the city and the Airport Authority Employees’ Union had filed petitions against the closure of the airport.
The court said it will not review the decision as it was done in public interest.
The bench in its 36-page judgement stated that the government had the power to enter into agreements to develop greenfield airports and take necessary steps in this direction.
* Info sought on Eamcet
The AP High Court on Monday asked the counsel for higher education whether the state government is empowered to give weightage marks to the Eamcet candidates. The court asked the counsel to get instructions from the government by Thursday. The court was dealing with a petition seeking a direction to declare the provision of giving Inter weightage marks in Eamcet.
Mr. S. Ramachandra Rao, senior counsel for the petitioners, contended that the state government has no power to give weightage marks to the Eamcet candidates and the new system of weightage has totally changed the eligibility criteria for admission into MBBS and was not justified either in fact or in law.
* Stay on single judge order
A division bench of the AP High Court has granted stay on an order passed by a single judge directing the principal secretary (revenue) and the principal secretary (municipal administration) to recall the services of the metropolitan commissioner of the Hyderabad Metropolitan Development Authority. While granting stay, the bench issued notices to the respondents seeking their reply on the writ appeal.
* HC refuses advocate plea
The AP High Court on Monday refused to entertain a petition seeking a direction for continuous disbursal of justice throu-
ghout the year without any break in the lower courts. The petition was filed by a woman advocate of the city. The petitioner argued that the lower courts should work 24 hours like hospitals and the police station to render speedy justice to the needy.
Hyderabad,July 6: The AP High Court on Monday justified the Centre’s decision to close the Begumpet airport. A division bench while dismissing three writ petitions said the decision to close down the Begumpet airport fell within the realm of a policy decision.
The court did not agree with the contentions of the petitioners that there was no specific provisions in the Aircraft Act, 1934 and the Airports Authority of India Act, 1994, for the closure of existing airport. Mr S. Srinivas Reddy, a journalist, from Saroornagar, Mr Sreemannarayana Swamy from the city and the Airport Authority Employees’ Union had filed petitions against the closure of the airport.
The court said it will not review the decision as it was done in public interest.
The bench in its 36-page judgement stated that the government had the power to enter into agreements to develop greenfield airports and take necessary steps in this direction.
* Info sought on Eamcet
The AP High Court on Monday asked the counsel for higher education whether the state government is empowered to give weightage marks to the Eamcet candidates. The court asked the counsel to get instructions from the government by Thursday. The court was dealing with a petition seeking a direction to declare the provision of giving Inter weightage marks in Eamcet.
Mr. S. Ramachandra Rao, senior counsel for the petitioners, contended that the state government has no power to give weightage marks to the Eamcet candidates and the new system of weightage has totally changed the eligibility criteria for admission into MBBS and was not justified either in fact or in law.
* Stay on single judge order
A division bench of the AP High Court has granted stay on an order passed by a single judge directing the principal secretary (revenue) and the principal secretary (municipal administration) to recall the services of the metropolitan commissioner of the Hyderabad Metropolitan Development Authority. While granting stay, the bench issued notices to the respondents seeking their reply on the writ appeal.
* HC refuses advocate plea
The AP High Court on Monday refused to entertain a petition seeking a direction for continuous disbursal of justice throu-
ghout the year without any break in the lower courts. The petition was filed by a woman advocate of the city. The petitioner argued that the lower courts should work 24 hours like hospitals and the police station to render speedy justice to the needy.
Sunday, July 5, 2009
Writ on Inter weightage for Eamcet
By S A Ishaqui
Hyderabad,July 4: A writ petition was filed in the Andhra Pradesh High Court seeking a direction to declare that it was illegal to give weightage to Inter marks in Eamcet.
G. Kushal Prasad, a resident of Kurnool, B. Bhargavi, from Kadapa and B. Harish, from Anantapur who were aspiring for medical courses approached the High Court challenging the order issued by the government to give weightage marks to Eamcet candidates.
The petitioners contended that introducing a new system of weightage has totally changed the eligibility criteria for admission into MBBS and was not justified. They argued that the new system only benefited corporate colleges. The High Court will hear the writ on Monday.
Hyderabad,July 4: A writ petition was filed in the Andhra Pradesh High Court seeking a direction to declare that it was illegal to give weightage to Inter marks in Eamcet.
G. Kushal Prasad, a resident of Kurnool, B. Bhargavi, from Kadapa and B. Harish, from Anantapur who were aspiring for medical courses approached the High Court challenging the order issued by the government to give weightage marks to Eamcet candidates.
The petitioners contended that introducing a new system of weightage has totally changed the eligibility criteria for admission into MBBS and was not justified. They argued that the new system only benefited corporate colleges. The High Court will hear the writ on Monday.
Saturday, July 4, 2009
GHMC in trouble over certificates
By S A Ishaqui
Hyderabad, July 3: The Chief Justice Anil R. Dave of the Andhra Pradesh High Court on Friday took serious note of the Greater Hyderabad Municipal Corporation
(GHMC) indiscriminately accepting structural safety certificates to regularise unauthorised constructions under the Building Penalisation Scheme (BPS)
without inspecting the structures.
The Chief Justice pulled up the GHMC officials saying they accepted the certificates without any specifications on safety of buildings and without determining the capacity of the building to carry the weight.
Referring to a certificate which he came across on one occasion, Justice Dave said a particular engineer mentioned that the building was capable of bearing any load. He asked the counsel for the municipal corporation how he could accept such a blanket clearance without inspecting the building or looking at the building plans.
The Chief Justice, along with Justice Ramesh Ranganathan, was dealing with a petition filed by one Mr R. Prashant Kumar, a resident of Kanchanbagh in the city, seeking a direction to the GHMC to accept the structural stability certificates from empanelled post graduate civil engineers.
The judges asked the GHMC to submit details of at least 25 applications considered under the scheme to the court by Monday.
The petitioner moved the court based on a
news item published in Deccan Chronicle on indiscriminate issuance of certificates at Rs 1,000 per certificate. The petitioner enclosed the news report in his affidavit.
Mr G. Vidyasagar, counsel for the petitioner, argued that a structural engineer should be exposed to dynamic and seismic analysis of a structure.
He told the court that the GHMC has relaxed the specifications for granting certificates.
Hyderabad, July 3: The Chief Justice Anil R. Dave of the Andhra Pradesh High Court on Friday took serious note of the Greater Hyderabad Municipal Corporation
(GHMC) indiscriminately accepting structural safety certificates to regularise unauthorised constructions under the Building Penalisation Scheme (BPS)
without inspecting the structures.
The Chief Justice pulled up the GHMC officials saying they accepted the certificates without any specifications on safety of buildings and without determining the capacity of the building to carry the weight.
Referring to a certificate which he came across on one occasion, Justice Dave said a particular engineer mentioned that the building was capable of bearing any load. He asked the counsel for the municipal corporation how he could accept such a blanket clearance without inspecting the building or looking at the building plans.
The Chief Justice, along with Justice Ramesh Ranganathan, was dealing with a petition filed by one Mr R. Prashant Kumar, a resident of Kanchanbagh in the city, seeking a direction to the GHMC to accept the structural stability certificates from empanelled post graduate civil engineers.
The judges asked the GHMC to submit details of at least 25 applications considered under the scheme to the court by Monday.
The petitioner moved the court based on a
news item published in Deccan Chronicle on indiscriminate issuance of certificates at Rs 1,000 per certificate. The petitioner enclosed the news report in his affidavit.
Mr G. Vidyasagar, counsel for the petitioner, argued that a structural engineer should be exposed to dynamic and seismic analysis of a structure.
He told the court that the GHMC has relaxed the specifications for granting certificates.
Friday, July 3, 2009
Stay on order against former GHMC chief
By S A Ishaqui
Hyderabad,July 2: A division bench comprising Justice D.S.R. Varma and Justice R. Kantha Rao of the Andhra Pradesh High Court on Thursday granted stay on an order issued by a single judge to penalise Dr C.V.S.K. Sarma, the former commissioner and special officer of the Greater Hyderabad Municipal Corporation, in a contempt of court case.
Earlier, a single judge imposed a fine of Rs 10,000 on Mr Sarma and an assistant city planner, Ms V.S. Shama from Circle VIII of the GHMC in the case. Mr Mohammed Moinuddin, a resident of the city, had filed the contempt petition alleging that the respondents along with their subordinates with the help of labourers had forcibly demolished his shop situated in 35 square yards at Jambagh in Moazzamjahi market on April 28, 2008. The GHMC filed a writ challenging the order.
No direction on Amway ads
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the High Court on Thursday refused to issue notices to media houses for carrying advertisements of Amway.
The bench was dealing with a petition filed by a voluntary organisation, Corporate Frauds Watch. The petitioner asked the court to direct the government to stop Amway from doing its business which it alleged was “illegal” in nature. The court issued notices to the CID and Amway asking them to explain their behaviour.
The petitioner told the court that Amway was releasing several advertisements in both print and electronic media despite a clear judgement from the AP High Court and later from the Supreme Court to ban its business.
Hyderabad,July 2: A division bench comprising Justice D.S.R. Varma and Justice R. Kantha Rao of the Andhra Pradesh High Court on Thursday granted stay on an order issued by a single judge to penalise Dr C.V.S.K. Sarma, the former commissioner and special officer of the Greater Hyderabad Municipal Corporation, in a contempt of court case.
Earlier, a single judge imposed a fine of Rs 10,000 on Mr Sarma and an assistant city planner, Ms V.S. Shama from Circle VIII of the GHMC in the case. Mr Mohammed Moinuddin, a resident of the city, had filed the contempt petition alleging that the respondents along with their subordinates with the help of labourers had forcibly demolished his shop situated in 35 square yards at Jambagh in Moazzamjahi market on April 28, 2008. The GHMC filed a writ challenging the order.
No direction on Amway ads
A division bench comprising Chief Justice Anil R. Dave and Justice Ramesh Ranganathan of the High Court on Thursday refused to issue notices to media houses for carrying advertisements of Amway.
The bench was dealing with a petition filed by a voluntary organisation, Corporate Frauds Watch. The petitioner asked the court to direct the government to stop Amway from doing its business which it alleged was “illegal” in nature. The court issued notices to the CID and Amway asking them to explain their behaviour.
The petitioner told the court that Amway was releasing several advertisements in both print and electronic media despite a clear judgement from the AP High Court and later from the Supreme Court to ban its business.
Visually impaired cleared
By S A Ishaqui
Hyderabad,July 2: The Andhra Pradesh High Court on Thursday permitted a visually challenged person to take the screening test for the post of civil judge with an assistant.
Mr R. Varahalswami, a 28-year-old advocate from Gujjanagudla village of Guntur district, who is visually challenged, applied for the post of civil judge in June.
Officials rejected his application on June 16 as he was “fully blind.” Mr Swami challenged the rejection of his application in the AP High Court.
Mr B. Venkateswarlu counsel for the petitioner, told a division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar that the proceedings of the registrar-general of the High Court was contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1955.
He said that the Act provides not less than three per cent of vacancies for persons with disability in every establishment, of which one per cent should be reserved for persons suffering from visual challenge. He further contended that the registrar-general, in his notification issued for the recruitment of civil judges had not prescribed any disqualification of those who are visually challenged.
Counsel told the court that the Madras High Court had appointed a person who was totally visually challenged as judge and he was given posting as third additional district munsif at Coimbatore on June 1, this year.
The judges directed the registrar-general to allow the petitioner to attend the screening test scheduled to held on July 5 and provide an assistant to guide him during the test.
The judges told the petitioner to challenge the recruitment rules of the AP High Court.
Hyderabad,July 2: The Andhra Pradesh High Court on Thursday permitted a visually challenged person to take the screening test for the post of civil judge with an assistant.
Mr R. Varahalswami, a 28-year-old advocate from Gujjanagudla village of Guntur district, who is visually challenged, applied for the post of civil judge in June.
Officials rejected his application on June 16 as he was “fully blind.” Mr Swami challenged the rejection of his application in the AP High Court.
Mr B. Venkateswarlu counsel for the petitioner, told a division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar that the proceedings of the registrar-general of the High Court was contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1955.
He said that the Act provides not less than three per cent of vacancies for persons with disability in every establishment, of which one per cent should be reserved for persons suffering from visual challenge. He further contended that the registrar-general, in his notification issued for the recruitment of civil judges had not prescribed any disqualification of those who are visually challenged.
Counsel told the court that the Madras High Court had appointed a person who was totally visually challenged as judge and he was given posting as third additional district munsif at Coimbatore on June 1, this year.
The judges directed the registrar-general to allow the petitioner to attend the screening test scheduled to held on July 5 and provide an assistant to guide him during the test.
The judges told the petitioner to challenge the recruitment rules of the AP High Court.
Thursday, July 2, 2009
HC seeks info website
By S A Ishaqui
Hyderabad,July 1: The AP High Court on Wednesday took serious note of a US-based website that is allegedly spreading a hate campaign against the Congress leaders including the Prime Minister, Dr Manmohan Singh. The court asked the counsel for the home department to inform the action initiated by the cyber crime authorities on a complaint lodged by Mr Immaneni Rama Rao, an advocate.
A division bench while dealing with a petition challenging the inaction of cyber crime authorities issued notices to the Centre and the state governments asking them to explain their stand. The court asked the advocate to serve notices personally to the central IT secretary, its computer emergency response team, principal secretary of the home department and assistant commissioner of police, cyber crime wing.
The petitioner told the court that he was a member of Scribd, a social publishing network in the US. He said he came across certain articles in the network which offended the sentiments of the citizens by spreading hate messages against several leaders. All the articles contain bad things about Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Dr Manmohan Singh, Mrs Sonia Gandhi, Mr Rahul Gandhi and Union ministers Mr P. Chidambaram, Mr Pranab Mukherjee and the Chief Minister and Dr Y.S. Rajasekhar Reddy, he added.
Mr Rama Rao said he complained about the content to the company and it replied saying public figures cannot be afforded protection against libel and slander. The bench asked the respondents to file their replies within two weeks.
Hyderabad,July 1: The AP High Court on Wednesday took serious note of a US-based website that is allegedly spreading a hate campaign against the Congress leaders including the Prime Minister, Dr Manmohan Singh. The court asked the counsel for the home department to inform the action initiated by the cyber crime authorities on a complaint lodged by Mr Immaneni Rama Rao, an advocate.
A division bench while dealing with a petition challenging the inaction of cyber crime authorities issued notices to the Centre and the state governments asking them to explain their stand. The court asked the advocate to serve notices personally to the central IT secretary, its computer emergency response team, principal secretary of the home department and assistant commissioner of police, cyber crime wing.
The petitioner told the court that he was a member of Scribd, a social publishing network in the US. He said he came across certain articles in the network which offended the sentiments of the citizens by spreading hate messages against several leaders. All the articles contain bad things about Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Dr Manmohan Singh, Mrs Sonia Gandhi, Mr Rahul Gandhi and Union ministers Mr P. Chidambaram, Mr Pranab Mukherjee and the Chief Minister and Dr Y.S. Rajasekhar Reddy, he added.
Mr Rama Rao said he complained about the content to the company and it replied saying public figures cannot be afforded protection against libel and slander. The bench asked the respondents to file their replies within two weeks.
Wednesday, July 1, 2009
Commissioner pulled over ITI recognition row
By S A Ishaqui
Hyderabad,June 30: The Andhra Pradesh High Court pulled up the commissioner of employment and training, and the commissioner for social welfare department for cancelling the recognition of five industrial training institutes without following procedure.
Justice Nooty Rammohana Rao allowed a batch of writ petitions by imposing costs of Rs 5,000 on the respondents and set aside the orders of the commissioner employment and training cancelling the recognition of the ITIs.
Laurel Industrial Training Centre, Hanumakonda, Victor Industrial Training Centre, Kazipet, Lesley Industrial Training Centre, Warangal, Lilian Industrial Trying Centre, and Hazrat Industrial Training Centre filed the writ petitions challenging the orders passed on October 27, 2008.
The authorities cancelled the recognition on the ground that the institutes allegedly misappropriated scholarship amount worth Rs 63.15 lakh during 1994-95. The authorities issued orders based on the allegation levelled by the additional director-general of Crime Investigation Department.
The judge said: “A mere look at this order reveals that the authority did not apply his mind for more than one reason. The reason for his conclusion was that the explanation of the petitioner institute was not convincing. It is a mere conclusion and not a reason by itself. Every conclusion must be rested on reason and material.”
Referring to the petitioners’ contentions that the principal secretary of the social welfare department had released a press statement on an earlier occasion clarifying that there was no misappropriation of scholarship money sanctioned by the department, the judge said: “One fails to understand as to why the petitioners are being proceeded against in the face of such official statement.”
The judge found fault with the attitude of the officials saying that both the commissioners did not bother to find out whether the CID has gathered any material prima facie to support the view that these institutions were involved in alleged offence.
The judge directed the authorities to consider the cases of the petitioners afresh as petitioners should not be denied justice as the new academic year begins.
Minority groups can hold tests
The Andhra Pradesh High Court on Tuesday permitted the consortium of Christian minority professional education institutions to conduct an entrance test on their own to facilitate admission into MCA, MBA and some post-graduate courses.
A division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar, passed the orders while dealing with a petition filed by the consortium. The bench permitted the consortium to conduct the entrance for MCA and MBA course on July 4 and PG entrance course on July 6, 7 and 8.
The court instructed the consortium to valuate the answer sheets and announce the ranks as per the orders issued by the government earlier.
The petitioners alleged that the authorities did not act in a fair manner in preventing them from conducting entrance test. They told the court that the Admission and Fee Regulatory Committee (AFRC), which was constituted for regulating the admissions in private un-aided professional colleges had passed orders on June 28 restraining the consortium from conducting further tests.
The petitioners contended that the authorities cannot take such drastic step in view of the Supreme Court judgment which permitted such a separate entrance test by the consortium.
Hyderabad,June 30: The Andhra Pradesh High Court pulled up the commissioner of employment and training, and the commissioner for social welfare department for cancelling the recognition of five industrial training institutes without following procedure.
Justice Nooty Rammohana Rao allowed a batch of writ petitions by imposing costs of Rs 5,000 on the respondents and set aside the orders of the commissioner employment and training cancelling the recognition of the ITIs.
Laurel Industrial Training Centre, Hanumakonda, Victor Industrial Training Centre, Kazipet, Lesley Industrial Training Centre, Warangal, Lilian Industrial Trying Centre, and Hazrat Industrial Training Centre filed the writ petitions challenging the orders passed on October 27, 2008.
The authorities cancelled the recognition on the ground that the institutes allegedly misappropriated scholarship amount worth Rs 63.15 lakh during 1994-95. The authorities issued orders based on the allegation levelled by the additional director-general of Crime Investigation Department.
The judge said: “A mere look at this order reveals that the authority did not apply his mind for more than one reason. The reason for his conclusion was that the explanation of the petitioner institute was not convincing. It is a mere conclusion and not a reason by itself. Every conclusion must be rested on reason and material.”
Referring to the petitioners’ contentions that the principal secretary of the social welfare department had released a press statement on an earlier occasion clarifying that there was no misappropriation of scholarship money sanctioned by the department, the judge said: “One fails to understand as to why the petitioners are being proceeded against in the face of such official statement.”
The judge found fault with the attitude of the officials saying that both the commissioners did not bother to find out whether the CID has gathered any material prima facie to support the view that these institutions were involved in alleged offence.
The judge directed the authorities to consider the cases of the petitioners afresh as petitioners should not be denied justice as the new academic year begins.
Minority groups can hold tests
The Andhra Pradesh High Court on Tuesday permitted the consortium of Christian minority professional education institutions to conduct an entrance test on their own to facilitate admission into MCA, MBA and some post-graduate courses.
A division bench comprising Justice Ghulam Mohammed and Justice Vilas V. Afzulpurkar, passed the orders while dealing with a petition filed by the consortium. The bench permitted the consortium to conduct the entrance for MCA and MBA course on July 4 and PG entrance course on July 6, 7 and 8.
The court instructed the consortium to valuate the answer sheets and announce the ranks as per the orders issued by the government earlier.
The petitioners alleged that the authorities did not act in a fair manner in preventing them from conducting entrance test. They told the court that the Admission and Fee Regulatory Committee (AFRC), which was constituted for regulating the admissions in private un-aided professional colleges had passed orders on June 28 restraining the consortium from conducting further tests.
The petitioners contended that the authorities cannot take such drastic step in view of the Supreme Court judgment which permitted such a separate entrance test by the consortium.
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