By S A Ishaqui
Hyderabad,July 30: The AP High Court on Friday issued a bailable warrant against Mr A.K. Goel, joint secretary of the Union home ministry, (freedom fighters section) for not implementing the order of the court and not appearing in person though notices were served.
Justice Nooty Ramamohana Rao was dealing with a contempt case filed by Mr K. Rami Reddy and four others, challenging the action of the authorities in suspending the pension given to them. The authorities had contended that inquiry was pending against the petitioners and so their pension was stopped in 2000. The petitioners submitted their representation to the ministry to reconsider their cases as there was no inquiry pending against them. They filed a contempt case after the authorities failed in considering the court orders within three months.
Saturday, July 31, 2010
AP High Court HC fines woman for misleading petition on name change
By S A Ishaqui
Hyderabad,June 17: The AP High Court on Thursday imposed a fine on a woman petitioner for misleading the court by filing a purported affidavit with regard to change of her name.
Justice C.V. Nagarjuna Reddy while dismissing a petition filed by Ms Y. Swapna of Ranga Reddy district, directed the registrar (judicial) to initiate action against her under the provisions of the Criminal Procedure Code.
The judge directed the petitioner to pay Rs 10, 000 to the AP Legal Service Authority within four weeks.
The petitioner had approached the court challenging the disqualification of her application for Hindustan Petroleum Corporation Ltd dealership at Shabad in RR.
HPCL had rejected her application as she did not submit a copy of her marriage certificate or an affidavit in support of her maiden name and name after marriage along with her application.
During the course of the hearing, the petitioner pleaded that she had filed a notarised affidavit pertaining to change of her name and a copy of the affidavit before the court.
But HPCL opposed her plea by contending that she never filed any affidavit with regard to change of her name.
The court pulled up the petitioner and asked her whether she has proof of filing the affidavit. She replied in the negative.
The judge pointed out that the petitioner had not only failed to comply with the mandatory requirement of filing personal affidavit for change of her name, but also made a false averment and tried to mislead the court by filing a copy of the purported affidavit.
The judge observed that the corporation and its officials have not committed any illegality in rejecting her application.
Zee petitions against SHRC ban on Aata
Zee Entertainment Enterprises and OAK Enterprises approached the High Court on Thursday against the orders of the State Human Rights Commission prohibiting the telecast of Aata-5, a reality show for children. Zee Entertainment Enterprises contended that the SHRC had passed order without conducting inquiry under Sections 13 and 14 of the Protection of Human Rights Act. The petitioners argued that the SHRC order was violative of Section 16 of the Act, which mandates the commission to hear, at any stage of the inquiry, the persons likely to be prejudicially affected by its order. OAK Enterprises, the production house, contended that the SHRC had no power to issue interim directions, that too ex parte, even before the inquiry was over.
Hyderabad,June 17: The AP High Court on Thursday imposed a fine on a woman petitioner for misleading the court by filing a purported affidavit with regard to change of her name.
Justice C.V. Nagarjuna Reddy while dismissing a petition filed by Ms Y. Swapna of Ranga Reddy district, directed the registrar (judicial) to initiate action against her under the provisions of the Criminal Procedure Code.
The judge directed the petitioner to pay Rs 10, 000 to the AP Legal Service Authority within four weeks.
The petitioner had approached the court challenging the disqualification of her application for Hindustan Petroleum Corporation Ltd dealership at Shabad in RR.
HPCL had rejected her application as she did not submit a copy of her marriage certificate or an affidavit in support of her maiden name and name after marriage along with her application.
During the course of the hearing, the petitioner pleaded that she had filed a notarised affidavit pertaining to change of her name and a copy of the affidavit before the court.
But HPCL opposed her plea by contending that she never filed any affidavit with regard to change of her name.
The court pulled up the petitioner and asked her whether she has proof of filing the affidavit. She replied in the negative.
The judge pointed out that the petitioner had not only failed to comply with the mandatory requirement of filing personal affidavit for change of her name, but also made a false averment and tried to mislead the court by filing a copy of the purported affidavit.
The judge observed that the corporation and its officials have not committed any illegality in rejecting her application.
Zee petitions against SHRC ban on Aata
Zee Entertainment Enterprises and OAK Enterprises approached the High Court on Thursday against the orders of the State Human Rights Commission prohibiting the telecast of Aata-5, a reality show for children. Zee Entertainment Enterprises contended that the SHRC had passed order without conducting inquiry under Sections 13 and 14 of the Protection of Human Rights Act. The petitioners argued that the SHRC order was violative of Section 16 of the Act, which mandates the commission to hear, at any stage of the inquiry, the persons likely to be prejudicially affected by its order. OAK Enterprises, the production house, contended that the SHRC had no power to issue interim directions, that too ex parte, even before the inquiry was over.
Thursday, July 29, 2010
AP High Court reserves decision on judges assets plea
By S A Ishaqui
Hyderabad,July 28: The AP High Court on Wednesday reserved its decision to Monday to decide whether a petition seeking declaration of the assets of the High Court judges can be taken up for hearing. Mr Thalluri Kumar Babu, a practising advocate of the High Court, filed a writ petition contending that non-disclosure of the assets by judges infringes on his fundamental rights guaranteed under Article 21 of the Constitution.
He filed the petition on April 12 and the registry returned the petition on April 19, raising certain objection over the maintainability of the writ and also questioning the locus of the petitioner in filing the writ.
The registry also asked the petitioner to clarify as to the maintainability of the petition as framed by the High Court and also to clarify if the plea could be entertained just by making the Chief Justice and all other judges except one judge as respondents in the petition.
CBI asks for time on Raju’s bail plea
The CBI officials on Wednesday urged Justice Raja Elango of the AP High Court to adjourn the hearing of a bail petition filed by B. Ramalinga Raju, the prime accused in multi crore Satyam scam to August 5.
Mr T. Niranajan Reddy, special public prosecutor of the CBI, asked for a week to submit their response on the petition. The judge agreed and posted the matter to August 5 to facilitate the CBI to submit its version.
Hyderabad,July 28: The AP High Court on Wednesday reserved its decision to Monday to decide whether a petition seeking declaration of the assets of the High Court judges can be taken up for hearing. Mr Thalluri Kumar Babu, a practising advocate of the High Court, filed a writ petition contending that non-disclosure of the assets by judges infringes on his fundamental rights guaranteed under Article 21 of the Constitution.
He filed the petition on April 12 and the registry returned the petition on April 19, raising certain objection over the maintainability of the writ and also questioning the locus of the petitioner in filing the writ.
The registry also asked the petitioner to clarify as to the maintainability of the petition as framed by the High Court and also to clarify if the plea could be entertained just by making the Chief Justice and all other judges except one judge as respondents in the petition.
CBI asks for time on Raju’s bail plea
The CBI officials on Wednesday urged Justice Raja Elango of the AP High Court to adjourn the hearing of a bail petition filed by B. Ramalinga Raju, the prime accused in multi crore Satyam scam to August 5.
Mr T. Niranajan Reddy, special public prosecutor of the CBI, asked for a week to submit their response on the petition. The judge agreed and posted the matter to August 5 to facilitate the CBI to submit its version.
Wednesday, July 28, 2010
Chamundi case shifted to city court
By S A Ishaqui
Hyderabad,July 27: The Andhra Pradesh High Court on Tuesday transferred a case pending against the former secretary of the Andhra Cricket Association, Mr V. Chamundeswarnath, from a court at Rajahmundry to a lower court at Hyderabad.
Justice Raja Elango passed the orders on a petition filed by Ms Rama Devi seeking a direction to transfer the trial of the case from Rajahmundry. She told the court the case cannot be conducted at Rajahmundry in a free and fair manner as Mr Chamundeswarnath was powerful and had many influential friends and relatives who could threaten her.
A case was registered against Mr Chamund-eswarnath under Section 506 and 509 of the IPC by Vijayawada police on the complaint of Ms Rama Devi that he used to send vulgar SMSes. The trial was earlier shifted to Rajahmundry on his request.
Police had added charges under Section 354 of the IPC against him after another women cricketer too made an allegation of sexual harassment. However, she later withdrew the complaint. On the orders of the High Court, Chamun-deswaranath had surrendered before the Vijayawada court on January 6, 2010, and the court granted him bail.
Hyderabad,July 27: The Andhra Pradesh High Court on Tuesday transferred a case pending against the former secretary of the Andhra Cricket Association, Mr V. Chamundeswarnath, from a court at Rajahmundry to a lower court at Hyderabad.
Justice Raja Elango passed the orders on a petition filed by Ms Rama Devi seeking a direction to transfer the trial of the case from Rajahmundry. She told the court the case cannot be conducted at Rajahmundry in a free and fair manner as Mr Chamundeswarnath was powerful and had many influential friends and relatives who could threaten her.
A case was registered against Mr Chamund-eswarnath under Section 506 and 509 of the IPC by Vijayawada police on the complaint of Ms Rama Devi that he used to send vulgar SMSes. The trial was earlier shifted to Rajahmundry on his request.
Police had added charges under Section 354 of the IPC against him after another women cricketer too made an allegation of sexual harassment. However, she later withdrew the complaint. On the orders of the High Court, Chamun-deswaranath had surrendered before the Vijayawada court on January 6, 2010, and the court granted him bail.
Satyam Raju files for bail at HC
By S A Ishaqui
Hyderabad,July 27: The prime accused in the multi crore Satyam scam, Mr B. Ramalinga Raju, on Tuesday approached the AP High Court with a bail plea.
He told the court that he was falsely implicated in the case and the allegation against him was probably a result of prejudice due to unjustified propaganda against him and other accused in the case in a section of print and electronic media from January 7, 2009, to January 7, 2010. It may be mentioned that the 8 out of the 9 accused in the case were already enlarged on bail.
Mr Raju contended in his bail petition that the charges against him are no different from the charges against his co-accused, Mr B. Rama Raju, Mr Srinivas Vadlamani, and two others who are already on bail. He said he was undergoing treatment for Hepatitis C.
HC stays case on Arjita scam accused
Justice Samudrala Govindarajulu of the AP High Court on Tuesday reserved orders on a petition filed by Mr. A.V. Dharma Reddy, special officer of the Tirumala Tirupati Devasthanams, seeking a direction to quash criminal proceedings pending against him with regard alleged illegal sale of Arjita seva tickets. The court also granted interim stay on criminal proceedings against Mr Dharma Reddy.
The petitioner contended that he was falsely implicated by the prosecution in the case.
Mr Dharma Reddy said the petition filed by the prosecution was illegal and without any evidence. The judge asked the counsel for the petitioner and the prosecution to argue the case to determine the re-investigation of the case.
Electricity board’s order suspended
Justice P.V. Sanjay Kumar on Tuesday suspended an order issued by the AP Electricity Regulatory Commission (APERC) to determine the Fuel Surcharge Adjustment (FSA) to be levied on non domestic consumers for the financial year 2008-09. The judge was dealing with a petition filed by the India Cements Ltd challenging the order of APERC. Mr Challa Gunaranjan, counsel for the petitioner, contended that the FSA to be recovered was against the basic power sector reforms.
College told to allow student in class
Justice P.V. Sanjay Kumar on Tuesday directed the Shantiram Medical College, Kurnool, to permit Mr Gurivi Reddy, a student of MBBS, to attend classes.
Mr Gurivi Reddy was suspended from the college on the grounds that his name figured prominently in the Eamcet copying scam using sophisticated electronic equipment. He approached the court challenging the action of the college contending that that the management has no power to suspend him from the college. Mr Reddy was arrested for his involvement in the Eamcet copying scam.
HC asks state to fix dowry cases’ rules
The High Court on Tuesday referred to a division bench a writ petition seeking a directive to the state government to frame guidelines pertaining to police action in dowry harassment cases.
Hyderabad,July 27: The prime accused in the multi crore Satyam scam, Mr B. Ramalinga Raju, on Tuesday approached the AP High Court with a bail plea.
He told the court that he was falsely implicated in the case and the allegation against him was probably a result of prejudice due to unjustified propaganda against him and other accused in the case in a section of print and electronic media from January 7, 2009, to January 7, 2010. It may be mentioned that the 8 out of the 9 accused in the case were already enlarged on bail.
Mr Raju contended in his bail petition that the charges against him are no different from the charges against his co-accused, Mr B. Rama Raju, Mr Srinivas Vadlamani, and two others who are already on bail. He said he was undergoing treatment for Hepatitis C.
HC stays case on Arjita scam accused
Justice Samudrala Govindarajulu of the AP High Court on Tuesday reserved orders on a petition filed by Mr. A.V. Dharma Reddy, special officer of the Tirumala Tirupati Devasthanams, seeking a direction to quash criminal proceedings pending against him with regard alleged illegal sale of Arjita seva tickets. The court also granted interim stay on criminal proceedings against Mr Dharma Reddy.
The petitioner contended that he was falsely implicated by the prosecution in the case.
Mr Dharma Reddy said the petition filed by the prosecution was illegal and without any evidence. The judge asked the counsel for the petitioner and the prosecution to argue the case to determine the re-investigation of the case.
Electricity board’s order suspended
Justice P.V. Sanjay Kumar on Tuesday suspended an order issued by the AP Electricity Regulatory Commission (APERC) to determine the Fuel Surcharge Adjustment (FSA) to be levied on non domestic consumers for the financial year 2008-09. The judge was dealing with a petition filed by the India Cements Ltd challenging the order of APERC. Mr Challa Gunaranjan, counsel for the petitioner, contended that the FSA to be recovered was against the basic power sector reforms.
College told to allow student in class
Justice P.V. Sanjay Kumar on Tuesday directed the Shantiram Medical College, Kurnool, to permit Mr Gurivi Reddy, a student of MBBS, to attend classes.
Mr Gurivi Reddy was suspended from the college on the grounds that his name figured prominently in the Eamcet copying scam using sophisticated electronic equipment. He approached the court challenging the action of the college contending that that the management has no power to suspend him from the college. Mr Reddy was arrested for his involvement in the Eamcet copying scam.
HC asks state to fix dowry cases’ rules
The High Court on Tuesday referred to a division bench a writ petition seeking a directive to the state government to frame guidelines pertaining to police action in dowry harassment cases.
Thursday, July 22, 2010
PIL on Babli arrest annoys AP High Court
By S A Ishaqui
Hyderabad, July 21: A division bench comprising Justice A. Gopal Reddy and Justice K.C. Bhanu of the AP High Court on Wednesday was irked with a petitioner who filed a PIL seeking a direction to declare the Centre’s decision to allow the Maharashtra government to arrest the TD delegation as illegal.
Justice Gopal Reddy asked counsel for the petitioner, Mr M. Narayana, to caution his client not to file such writs to gain popularity. At one stage, the judge said that he would impose fines on the petitioner for filing such a frivolous petition.
The bench asked the petitioner how Mr N. Chandrababu Naidu was unaware that such a delegation led by him wouldn’t cause a law and order problem.
Justice Gopal Reddy said the state government is empowered to assess the situation on whether any law and order problem would arise if a political delegation is allowed to visit a controversial site.
While observing that the petition was not maintainable, the bench asked counsel to produce the petitioner before the court on Monday.
Hyderabad, July 21: A division bench comprising Justice A. Gopal Reddy and Justice K.C. Bhanu of the AP High Court on Wednesday was irked with a petitioner who filed a PIL seeking a direction to declare the Centre’s decision to allow the Maharashtra government to arrest the TD delegation as illegal.
Justice Gopal Reddy asked counsel for the petitioner, Mr M. Narayana, to caution his client not to file such writs to gain popularity. At one stage, the judge said that he would impose fines on the petitioner for filing such a frivolous petition.
The bench asked the petitioner how Mr N. Chandrababu Naidu was unaware that such a delegation led by him wouldn’t cause a law and order problem.
Justice Gopal Reddy said the state government is empowered to assess the situation on whether any law and order problem would arise if a political delegation is allowed to visit a controversial site.
While observing that the petition was not maintainable, the bench asked counsel to produce the petitioner before the court on Monday.
Wednesday, July 21, 2010
AP High Court recalls order quashing termination of Dell employee
By S A Ishaqui
Hyderabad, July 19: A division bench comprising Justice T. Meena Kumari and Justice Gopalakrishna Tamada of the AP High Court on Tuesday recalled its order which sets aside the termination notice issued by the Dell International Services India Pvt. Ltd. to one of its employees, Mr Rajendran Chingaravelu.
It may be mentioned that the bench had earlier passed the order while dealing with a civil miscellaneous appeal filed by Mr Rajendran. In the petition, he challenged the termination order issued by the company taking into cognisance of a dispute outside its premises.
The court directed the company to either reinstate the employee or pay the scale till the disposal of the original suit filed by the employee in the Civil Court.
The company had then submitted a petition before the bench seeking review of its order.
The bench recalled its order observing that straightaway filing of a miscellaneous appeal before the High Court against an order of the civil court was not maintainable as there is a provision in the law for appealing before the appellate court.
While recalling the order, the bench asked the lower court to consider the application of the petitioner within two weeks and pass an appropriate order.
Hyderabad, July 19: A division bench comprising Justice T. Meena Kumari and Justice Gopalakrishna Tamada of the AP High Court on Tuesday recalled its order which sets aside the termination notice issued by the Dell International Services India Pvt. Ltd. to one of its employees, Mr Rajendran Chingaravelu.
It may be mentioned that the bench had earlier passed the order while dealing with a civil miscellaneous appeal filed by Mr Rajendran. In the petition, he challenged the termination order issued by the company taking into cognisance of a dispute outside its premises.
The court directed the company to either reinstate the employee or pay the scale till the disposal of the original suit filed by the employee in the Civil Court.
The company had then submitted a petition before the bench seeking review of its order.
The bench recalled its order observing that straightaway filing of a miscellaneous appeal before the High Court against an order of the civil court was not maintainable as there is a provision in the law for appealing before the appellate court.
While recalling the order, the bench asked the lower court to consider the application of the petitioner within two weeks and pass an appropriate order.
'Satyam' Raju lolls in hospital,5 others out on bail
By S A Ishaqui
Hyderabad, July 20: The AP High Court on Tuesday granted bail to B. Rama Raju, former managing director of the Satyam Computers, and four other accused in the Rs 10,000-crore accounting scam.
Mr B. Rama Raju is the brother of B. Ramalinga Raju, the mastermind of the scam. The others who got bail were Srinivas Vadl-amani, former CFO of the company, and three top officials, G. Ramakrishna, Ch. Srisailam and D. Venkatpathy Raju. With this, only Ramalinga Raju, continues to be in jail in the biggest corporate scam of the country that broke out on January 7, 2009. However, he has been avoiding proceedings at the special court set up for the case citing health reasons.
The CBI had arrested Ramalinga Raju, founder of the Satyam Computers, and nine others last year for the accounting fraud which shook the corporate world.
Justice Raja Elango granted bail to the accused saying that there was no need for them to languish in prison since there was no prospect of the trial commencing in the near future. The judge also referred to the Supreme Court granting bail to Srinivas Talluri, another accused in the Satyam scam.
However, the solicitor-general, Mr Gopal Subramanium, objected to the bail petitions by contending that the accused were influential people and would try to tamper evidence and influence witnesses. Mr T. Niranjan Reddy, the special public prosecutor, also assured that the trial would be completed within six months.
However, the Judge expressed scepticism at the trial concluding within six months citing voluminous records and the need to examine more than 400 witnesses.
Hyderabad, July 20: The AP High Court on Tuesday granted bail to B. Rama Raju, former managing director of the Satyam Computers, and four other accused in the Rs 10,000-crore accounting scam.
Mr B. Rama Raju is the brother of B. Ramalinga Raju, the mastermind of the scam. The others who got bail were Srinivas Vadl-amani, former CFO of the company, and three top officials, G. Ramakrishna, Ch. Srisailam and D. Venkatpathy Raju. With this, only Ramalinga Raju, continues to be in jail in the biggest corporate scam of the country that broke out on January 7, 2009. However, he has been avoiding proceedings at the special court set up for the case citing health reasons.
The CBI had arrested Ramalinga Raju, founder of the Satyam Computers, and nine others last year for the accounting fraud which shook the corporate world.
Justice Raja Elango granted bail to the accused saying that there was no need for them to languish in prison since there was no prospect of the trial commencing in the near future. The judge also referred to the Supreme Court granting bail to Srinivas Talluri, another accused in the Satyam scam.
However, the solicitor-general, Mr Gopal Subramanium, objected to the bail petitions by contending that the accused were influential people and would try to tamper evidence and influence witnesses. Mr T. Niranjan Reddy, the special public prosecutor, also assured that the trial would be completed within six months.
However, the Judge expressed scepticism at the trial concluding within six months citing voluminous records and the need to examine more than 400 witnesses.
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.
Ramoji asks for exemption
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.
Stay on Vambay flat allotments
Justice Goda Raghuram of the Andhra Pradesh High Court on Monday directed the authorities concerned not to allot about 13 flats under the Vambay Housing Scheme at Shalivahananagar in the city.
The judge was dealing with a petition filed by 13 former allotees who now claimed that they were victims of local political activity and that they were being denied facilities under the scheme, They told the court that they were earlier identified as eligible.
When counsel for the state government defended the action of the government stating that those excluded were not residing in the area now, the judge pointed out: “Even constitutional authorities change houses. How can the petitioners who were found eligible earlier be disqualified now?” The court granted two weeks time to the authorities to respond.
Court unhappy with tahsildars
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.
AP files plea on CAT order
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 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.
Ramoji asks for exemption
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.
Stay on Vambay flat allotments
Justice Goda Raghuram of the Andhra Pradesh High Court on Monday directed the authorities concerned not to allot about 13 flats under the Vambay Housing Scheme at Shalivahananagar in the city.
The judge was dealing with a petition filed by 13 former allotees who now claimed that they were victims of local political activity and that they were being denied facilities under the scheme, They told the court that they were earlier identified as eligible.
When counsel for the state government defended the action of the government stating that those excluded were not residing in the area now, the judge pointed out: “Even constitutional authorities change houses. How can the petitioners who were found eligible earlier be disqualified now?” The court granted two weeks time to the authorities to respond.
Court unhappy with tahsildars
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.
AP files plea on CAT order
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.
Tuesday, July 20, 2010
Five accused in Satyam scam get bail
By S A Ishaqui
Hyderabad, July 19:Decks are cleared for B Rama Raju, one of the key accused in the multi crore Satyam scam to come out on bail, 19 months after one of the country’s biggest corporate scam broke out on January 7, 2009.
The AP High Court granted bail to Rama Raju, former managing director of the Satyam
Computer Services Ltd and brother of the master mind of the scam Ramalinga Raju. The
court also granted bail to Srinivas Vadlamani, former CFO of the company and three other top brass of the company G Ramakrishna, Ch Srisailam and D Venkatpathy Raju.
With this, all Satyam accused except B Ramalinga Raju have got bails from various courts on different occasions.
The Central Bureau of Investigation has arrested B Ramalinga Raju, founder of the Satyam Computers and nine others for the accounting fraud in the company which shook the whole country.
Justice Raja Elango while granting the bail considered the view of the Supreme Court in Srinivas Talluri’s case. The Apex Court granted bail to Srinivas who is an accused in Stayam scam without expressing any opinion on the merits of the case.
Mr. Gopal Subramanium, solicitor- general objected the bail petitions by contending that the accused are very influential people and it won’t be a sensible thing to let them out as they would try to tamper evidence and persuade the witness in their favor.
He told the court that the investigation is still on in the case and the CBI will file an additional charge sheet in the case.
Mr. T Niranjan Reddy, special public prosecutor said that within six months trial is likely to be completed in the case and at this stage granting bail will hamper the proceedings of the case.
Referring to the contentions of the solicitor-general and the CBI counsel , the judge observed that considering voluminous records and more than 400 witnesses have to be examined during the trial, it may not be able to conclude within the six months.
The judge took into consideration the arguments on behalf of the accused that the accused may not be able to tamper with the records as most of documents are with the court and the company is under new management and there may not be any access to the documents or other employees to influence them.
The judge ruled that the accused should submit two sureties of Rs 20 lakhs each and they will be available to the investigation officers. The judge directed them to present themselves before the investigation officer every day and desist from influencing the witnesses and may not interfere in the trial.
It may be mentioned that the main architect of this scam is still behind the bars. The Supreme Court had rejected his plea for the bail when he applied for it in March 2010.
Recently the High Court has rejected the bail plea of Ramalinga Raju.
The High Court granted bail to Pricewaterhouse (PwC) auditor S Gopalakrishnan and former internal auditor Prabhakar Gupta a week ago.
The lower court in March 2009, granted anticipatory bail to B Suryanarayana Raju, brother of Ramalinga Raju.
Hyderabad, July 19:Decks are cleared for B Rama Raju, one of the key accused in the multi crore Satyam scam to come out on bail, 19 months after one of the country’s biggest corporate scam broke out on January 7, 2009.
The AP High Court granted bail to Rama Raju, former managing director of the Satyam
Computer Services Ltd and brother of the master mind of the scam Ramalinga Raju. The
court also granted bail to Srinivas Vadlamani, former CFO of the company and three other top brass of the company G Ramakrishna, Ch Srisailam and D Venkatpathy Raju.
With this, all Satyam accused except B Ramalinga Raju have got bails from various courts on different occasions.
The Central Bureau of Investigation has arrested B Ramalinga Raju, founder of the Satyam Computers and nine others for the accounting fraud in the company which shook the whole country.
Justice Raja Elango while granting the bail considered the view of the Supreme Court in Srinivas Talluri’s case. The Apex Court granted bail to Srinivas who is an accused in Stayam scam without expressing any opinion on the merits of the case.
Mr. Gopal Subramanium, solicitor- general objected the bail petitions by contending that the accused are very influential people and it won’t be a sensible thing to let them out as they would try to tamper evidence and persuade the witness in their favor.
He told the court that the investigation is still on in the case and the CBI will file an additional charge sheet in the case.
Mr. T Niranjan Reddy, special public prosecutor said that within six months trial is likely to be completed in the case and at this stage granting bail will hamper the proceedings of the case.
Referring to the contentions of the solicitor-general and the CBI counsel , the judge observed that considering voluminous records and more than 400 witnesses have to be examined during the trial, it may not be able to conclude within the six months.
The judge took into consideration the arguments on behalf of the accused that the accused may not be able to tamper with the records as most of documents are with the court and the company is under new management and there may not be any access to the documents or other employees to influence them.
The judge ruled that the accused should submit two sureties of Rs 20 lakhs each and they will be available to the investigation officers. The judge directed them to present themselves before the investigation officer every day and desist from influencing the witnesses and may not interfere in the trial.
It may be mentioned that the main architect of this scam is still behind the bars. The Supreme Court had rejected his plea for the bail when he applied for it in March 2010.
Recently the High Court has rejected the bail plea of Ramalinga Raju.
The High Court granted bail to Pricewaterhouse (PwC) auditor S Gopalakrishnan and former internal auditor Prabhakar Gupta a week ago.
The lower court in March 2009, granted anticipatory bail to B Suryanarayana Raju, brother of Ramalinga Raju.
Medicos of 2 colleges can give exams: HC
By S A Ishaqui
Hyderabad, July 19: The AP High Court on Monday directed the NTR University of Health Sciences to permit students of Shadan Institute of Medical Sciences and the Deccan College of Medical Sciences to appear for MBBS exams scheduled to commence from July 20.
Dealing with the petitions filed by the Shadan College and some of the students of both colleges, Justice P.V. Sanjay Kumar in the interim order directed the university to issue hall tickets to the students.
The university had communicated to both the colleges that it had not approved the admission of candidates into MBBS course under A and B category for the academic year 2009-2010, as there was a contempt case pending against the colleges for violating guidelines issued by a division bench of the High Court on admissions into unaided minority colleges.
According to the petitioners, the university has not approved admissions of 300 medicos of the both the colleges.
Justice Sanjay Kumar, while expressing dismay over the issue, asked the university what steps it had taken after a division bench directed it in April 2009 to ensure that both colleges follow the guidelines issued by the division bench in 2007.
Orders reserved on Rama Raju bali plea
Justice Raja Elango of the High Court on Monday reserved his orders on bail petitions filed by the former managing director of Satyam Computer Services Ltd, B. Rama Raju and its former CFO, Srinivas Vadlamani, and three others.
The petitioners told the court that the investigation in the case was complete and that the CBI filed the charge sheets in a special court constituted to trail the case.
They contended that it was not possible for them to defend themselves before the trial court to prove their innocence in the case from inside the jail. They said that apart from the special court they have to defend themselves before the Economic Offences court as various agencies like SEBI, the Enforcement Directorate and others imitated proceedings against them.
Cancel bail in caste case, asks babu
Mr Kona Sasidhar, the joint collector of East Godavari district, approached the AP High Court on Monday seeking a direction for cancelling the bail granted to two advocates who were accused in a case registered under the SC and ST Prevention of Atrocities Act.
The petitioner brought to the notice of the court that Mr Madduri Siva Subbarao and Mr S.V. Krishnarayulu of Rajahmundry were arrested for abusing him in the name of his caste and later were released after the duo procured bail from a lower court.
The petitioner contended that the duo was trying to influence the prime witnesses in the case and threatening the other witnesses not to support him.
Plea against SHRC member’s selection
The AP High Court on Monday reserved its orders on a petition that challenged the appointment of Mr K. Peda Peri Reddy as member of the AP State Human Rights Commission.
It may be mentioned that the High Court granted stay last week on all further proceedings pertaining to appointment of Mr Reddy and directed the government to produce records regarding the issue before it while dealing with the petition filed by Mr Adinarayana against the appointment.
Justice Rohini after perusing the records on Monday reserved the verdict on the petition.
Plea against Jannat taking charge as CIC
A writ petition was filed in the AP High Court on Monday seeking a direction to declare the action of the government in appointing Mr Jannath Hussain as the chief information commissioner (CIC) of AP as illegal.
Mr M. Padmanabha Reddy, a retired IFS officer and secretary of the Forum for Good Governance, filed the petition contending that the decision of the selection committee headed by the Chief Minister in recommending the name of Mr Jannath Hussain was in breach of Section 15(6) of the Right to Information Act. He told the court that the committee should not have recommended a person holding an office of profit at the time of its meeting.
He said that the relevant Section bars the appointment of a person who is holding any other office of profit as information commissioner.
Mr Reddy said when the committee met to select the name of the chief information commissioner, Mr Jannath Hussain was in the post of principal secretary to the CM.
The petitioner said that their forum has presented the Governor with a request not to approve the name of Mr Hussain.
He brought to the notice of the court that the leader of the opposition has not agreed to the appointment and sent a dissent note on the acceptance of Mr Jannath.
Mr Reddy urged the court to issue directions to Mr Jannath Hussain asking him not to assume office.
Hyderabad, July 19: The AP High Court on Monday directed the NTR University of Health Sciences to permit students of Shadan Institute of Medical Sciences and the Deccan College of Medical Sciences to appear for MBBS exams scheduled to commence from July 20.
Dealing with the petitions filed by the Shadan College and some of the students of both colleges, Justice P.V. Sanjay Kumar in the interim order directed the university to issue hall tickets to the students.
The university had communicated to both the colleges that it had not approved the admission of candidates into MBBS course under A and B category for the academic year 2009-2010, as there was a contempt case pending against the colleges for violating guidelines issued by a division bench of the High Court on admissions into unaided minority colleges.
According to the petitioners, the university has not approved admissions of 300 medicos of the both the colleges.
Justice Sanjay Kumar, while expressing dismay over the issue, asked the university what steps it had taken after a division bench directed it in April 2009 to ensure that both colleges follow the guidelines issued by the division bench in 2007.
Orders reserved on Rama Raju bali plea
Justice Raja Elango of the High Court on Monday reserved his orders on bail petitions filed by the former managing director of Satyam Computer Services Ltd, B. Rama Raju and its former CFO, Srinivas Vadlamani, and three others.
The petitioners told the court that the investigation in the case was complete and that the CBI filed the charge sheets in a special court constituted to trail the case.
They contended that it was not possible for them to defend themselves before the trial court to prove their innocence in the case from inside the jail. They said that apart from the special court they have to defend themselves before the Economic Offences court as various agencies like SEBI, the Enforcement Directorate and others imitated proceedings against them.
Cancel bail in caste case, asks babu
Mr Kona Sasidhar, the joint collector of East Godavari district, approached the AP High Court on Monday seeking a direction for cancelling the bail granted to two advocates who were accused in a case registered under the SC and ST Prevention of Atrocities Act.
The petitioner brought to the notice of the court that Mr Madduri Siva Subbarao and Mr S.V. Krishnarayulu of Rajahmundry were arrested for abusing him in the name of his caste and later were released after the duo procured bail from a lower court.
The petitioner contended that the duo was trying to influence the prime witnesses in the case and threatening the other witnesses not to support him.
Plea against SHRC member’s selection
The AP High Court on Monday reserved its orders on a petition that challenged the appointment of Mr K. Peda Peri Reddy as member of the AP State Human Rights Commission.
It may be mentioned that the High Court granted stay last week on all further proceedings pertaining to appointment of Mr Reddy and directed the government to produce records regarding the issue before it while dealing with the petition filed by Mr Adinarayana against the appointment.
Justice Rohini after perusing the records on Monday reserved the verdict on the petition.
Plea against Jannat taking charge as CIC
A writ petition was filed in the AP High Court on Monday seeking a direction to declare the action of the government in appointing Mr Jannath Hussain as the chief information commissioner (CIC) of AP as illegal.
Mr M. Padmanabha Reddy, a retired IFS officer and secretary of the Forum for Good Governance, filed the petition contending that the decision of the selection committee headed by the Chief Minister in recommending the name of Mr Jannath Hussain was in breach of Section 15(6) of the Right to Information Act. He told the court that the committee should not have recommended a person holding an office of profit at the time of its meeting.
He said that the relevant Section bars the appointment of a person who is holding any other office of profit as information commissioner.
Mr Reddy said when the committee met to select the name of the chief information commissioner, Mr Jannath Hussain was in the post of principal secretary to the CM.
The petitioner said that their forum has presented the Governor with a request not to approve the name of Mr Hussain.
He brought to the notice of the court that the leader of the opposition has not agreed to the appointment and sent a dissent note on the acceptance of Mr Jannath.
Mr Reddy urged the court to issue directions to Mr Jannath Hussain asking him not to assume office.
Sunday, July 18, 2010
Sacking of private employee reversed
By S A Ishaqui
Hyderabad, July 17 :A division bench comprising Justice T. Meena Kumari and Justice Gopalakrishna Tamada of the AP High Court has set aside the termination notice issued by Dell International Services India Pvt. Ltd. to one of its employees, Mr Rajendran Chingaravelu.
The bench was dealing with a civil miscellaneous appeal filed by Mr Rajendran challenging the termination issued by the company by taking cognizance of a dispute outside its premises. The petitioner told the court that he was terminated from service on the ground that he had a parking dispute outside the company’s comprises and on public road.
During the hearing, the judges observed that the company may take disciplinary action for matters within its four walls but not beyond. The offence that the employee has been charged with, even if it is true, is a petty one according to the law.
While setting aside the termination order, the court directed the company to either reinstate the employee or pay the scale till the disposal of the original suit filed by the employee in the civil court.
Hyderabad, July 17 :A division bench comprising Justice T. Meena Kumari and Justice Gopalakrishna Tamada of the AP High Court has set aside the termination notice issued by Dell International Services India Pvt. Ltd. to one of its employees, Mr Rajendran Chingaravelu.
The bench was dealing with a civil miscellaneous appeal filed by Mr Rajendran challenging the termination issued by the company by taking cognizance of a dispute outside its premises. The petitioner told the court that he was terminated from service on the ground that he had a parking dispute outside the company’s comprises and on public road.
During the hearing, the judges observed that the company may take disciplinary action for matters within its four walls but not beyond. The offence that the employee has been charged with, even if it is true, is a petty one according to the law.
While setting aside the termination order, the court directed the company to either reinstate the employee or pay the scale till the disposal of the original suit filed by the employee in the civil court.
Justice expresses concern over nexus among the corrupt
By S A Ishaqui
Hyderabad, July 17: Justice B. Chandra Kumar of the AP High Court has expressed concern over the growing nexus among corrupt officials, politicians and big business houses.
The judge, while delivering his verdict in a criminal appeal, observed: “The connection among corrupt officials, politicians and big business houses appears to be increasing and the common man is gradually coming to be under the impression that such people can do anything as they wish.”
The judge said, “Since false implication of the accused cannot be completely ruled out in the present day scenario, the burden and the duty of the judge presiding at a criminal court would be much more.”
The judge cautioned the judicial officers saying, “The judicial officers should not be under the impression that whatever stated by the police or the accused is true. If that is the case, then there is no need of courts and criminal trials, and all the accused may be straightaway sent to jail from police stations.”
While cautioning the judicial fraternity, the judge further said in his order, “Judges must realise the role assigned to them and they must apply their logical mind, reasoning power and judicious approach and consider the facts and circumstances of each case on the basis of settled legal principles and decide the case. They must have an inner satisfaction that their judgement is correct.”
The judge allowed an appeal filed by Mr V. Suresh, mandal deputy surveyor of Rapthadu mandal in Ananthpur district, challenging the orders of the lower court. The appellant was convicted and sentenced to undergo one-year rigorous imprisonment in graft case. The judge set aside the conviction awarded by the lower court. He observed that since there was no conclusive evidence to show what was received by the accused is illegal gratification, it appears that it was not safe to convict the accused even for the offence punishable under Section 7 of the Act.
Hyderabad, July 17: Justice B. Chandra Kumar of the AP High Court has expressed concern over the growing nexus among corrupt officials, politicians and big business houses.
The judge, while delivering his verdict in a criminal appeal, observed: “The connection among corrupt officials, politicians and big business houses appears to be increasing and the common man is gradually coming to be under the impression that such people can do anything as they wish.”
The judge said, “Since false implication of the accused cannot be completely ruled out in the present day scenario, the burden and the duty of the judge presiding at a criminal court would be much more.”
The judge cautioned the judicial officers saying, “The judicial officers should not be under the impression that whatever stated by the police or the accused is true. If that is the case, then there is no need of courts and criminal trials, and all the accused may be straightaway sent to jail from police stations.”
While cautioning the judicial fraternity, the judge further said in his order, “Judges must realise the role assigned to them and they must apply their logical mind, reasoning power and judicious approach and consider the facts and circumstances of each case on the basis of settled legal principles and decide the case. They must have an inner satisfaction that their judgement is correct.”
The judge allowed an appeal filed by Mr V. Suresh, mandal deputy surveyor of Rapthadu mandal in Ananthpur district, challenging the orders of the lower court. The appellant was convicted and sentenced to undergo one-year rigorous imprisonment in graft case. The judge set aside the conviction awarded by the lower court. He observed that since there was no conclusive evidence to show what was received by the accused is illegal gratification, it appears that it was not safe to convict the accused even for the offence punishable under Section 7 of the Act.
Saturday, July 17, 2010
Court seeks report on Sompeta firing from government
By S A Ishaqui
Hyderabad, July 16: The AP High Court on Friday asked the state government to submit a status report and steps being taken to maintain law and order in Sompeta village where two persons killed in police firing on July 14.
A division bench comprising Justice A. Gopal Reddy and Justice K.C. Bhanuwas was dealing with a petition filed by Mr V.V. Krishna Rao, former president of Samata Party, seeking a direction for a CBI probe into the police firing.
The petitioner contended that why so many police personnel were deployed and how the situation was handled and at whose instance all these happened can be revealed only through a CBI probe.
Mr Sridhar Reddy, special government counsel, argued that the writ was premature as the incident took place on July 14 and the petitioner submitted a representation to the government seeking the CBI probe on July 15 and approached the court on July 16.
The bench asked the government counsel to submit the report on July 21.
Hyderabad, July 16: The AP High Court on Friday asked the state government to submit a status report and steps being taken to maintain law and order in Sompeta village where two persons killed in police firing on July 14.
A division bench comprising Justice A. Gopal Reddy and Justice K.C. Bhanuwas was dealing with a petition filed by Mr V.V. Krishna Rao, former president of Samata Party, seeking a direction for a CBI probe into the police firing.
The petitioner contended that why so many police personnel were deployed and how the situation was handled and at whose instance all these happened can be revealed only through a CBI probe.
Mr Sridhar Reddy, special government counsel, argued that the writ was premature as the incident took place on July 14 and the petitioner submitted a representation to the government seeking the CBI probe on July 15 and approached the court on July 16.
The bench asked the government counsel to submit the report on July 21.
Court rules on TTD gold plating project
By S A Ishaqui
Hyderabad, July 16 :The High Court on Friday said it was concerned with the protection of the Venkat-eswaraswamy temple at Tirumala as an institution and not only with religious practices.
The bench comprising Justice B. Prakasha Rao and Justice R. Kantha Rao was hearing a petition filed against the TTD’s gold plating project. Mr D.V. Seetharam Murthy, advocate general, arguing on behalf of the TTD’s executive officer, contended that it can not be claimed that every religious belief has to be protected and said that gold plating has been taken up for more beautification.
Reacting to the arguments, Justice Prakasha Rao reminded that the court was not looking at religious practices alone but the protection of the temple as an institution.
Hyderabad, July 16 :The High Court on Friday said it was concerned with the protection of the Venkat-eswaraswamy temple at Tirumala as an institution and not only with religious practices.
The bench comprising Justice B. Prakasha Rao and Justice R. Kantha Rao was hearing a petition filed against the TTD’s gold plating project. Mr D.V. Seetharam Murthy, advocate general, arguing on behalf of the TTD’s executive officer, contended that it can not be claimed that every religious belief has to be protected and said that gold plating has been taken up for more beautification.
Reacting to the arguments, Justice Prakasha Rao reminded that the court was not looking at religious practices alone but the protection of the temple as an institution.
Friday, July 16, 2010
Justice Tamada disposes of 92 petitions in a day
By S A Ishaqui
Hyderabad,July 15: Justice Gopalakrishna Tamada of the AP High Court on Thursday set a record by disposing of 92 criminal revision petitions. These were revision petitions that have been pending for the past eight to 10 years.
The judge started dealing with the petitions at 10.30 am and finished passing orders in all of the 92 cases by the end of the session.
Most of the cases pertained to reduction of sentence pronounced by lower courts in cases under Section 323, 324, and 307 of the IPC and also cases under Negotiable Instruments Act.
According to the senior advocates of the High Court, Justice Gopalakrishna Tamada surpassed the record of a judge in the Supreme Court who had disposed off about 60 cases in a day recently. Justice Tamada had also disposed off 1,500 criminal petitions that have been pending for many years within two weeks in April.
Hyderabad,July 15: Justice Gopalakrishna Tamada of the AP High Court on Thursday set a record by disposing of 92 criminal revision petitions. These were revision petitions that have been pending for the past eight to 10 years.
The judge started dealing with the petitions at 10.30 am and finished passing orders in all of the 92 cases by the end of the session.
Most of the cases pertained to reduction of sentence pronounced by lower courts in cases under Section 323, 324, and 307 of the IPC and also cases under Negotiable Instruments Act.
According to the senior advocates of the High Court, Justice Gopalakrishna Tamada surpassed the record of a judge in the Supreme Court who had disposed off about 60 cases in a day recently. Justice Tamada had also disposed off 1,500 criminal petitions that have been pending for many years within two weeks in April.
Thursday, July 15, 2010
Court seeks state’s reply on fee
By S A Ishaqui
Hyderabad, July 14: The AP High Court on Wednesday sought to know from the government by next Tuesday whether it will be reimbursing the fee amounts payable to the various engineering colleges or not.
The court was dealing with a petition filed by the Consortium of Engineering Colleges Managements’ Association, AP Private Engineering Colleges Managements’ Association and others.
The petitioners sought a direction to remit and pay the entire balance amount due and payable to the various institutions including them under the “Fee Reimbursement Scheme” along with reasonable and equitable interest.
The petitioners urged the court to declare the policy adopted by the government in directing the admission of the students without paying the fees at the time of admission under the “Fee Reimbursement Scheme” as illegal, and unconstitutional.
Hyderabad, July 14: The AP High Court on Wednesday sought to know from the government by next Tuesday whether it will be reimbursing the fee amounts payable to the various engineering colleges or not.
The court was dealing with a petition filed by the Consortium of Engineering Colleges Managements’ Association, AP Private Engineering Colleges Managements’ Association and others.
The petitioners sought a direction to remit and pay the entire balance amount due and payable to the various institutions including them under the “Fee Reimbursement Scheme” along with reasonable and equitable interest.
The petitioners urged the court to declare the policy adopted by the government in directing the admission of the students without paying the fees at the time of admission under the “Fee Reimbursement Scheme” as illegal, and unconstitutional.
Tuesday, July 13, 2010
State gets notice over plan to rename Kadapa
By S A Ishaqui
Hyderabad, July 12: The state government on Monday questioned the ‘maintainability’ of a public interest litigation filed in the AP High Court against renaming Kadapa district as YSR district in memory of the late Dr. Y. S. Rajasekhar Reddy.
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar was dealing with a petition filed by Ms K. Jaysree, an advocate of Kadapa, and others, seeking a direction to declare the order of the government issued on July 7, 2010, to rename the district as unconstitutional.
The advocate-general, Mr. D.V. Seetharam Murthy, contended that the petition was not maintainable and also criticised the ‘hostile approach’ of the petitioner towards the departed leader.
He also urged the court to expunge the remarks made in Para 8, 9 and 10 of the petition against YSR. The petitioner, while referring to an APCLC report on Rayalseema factions, alleged that Dr Reddy had a criminal background.
Mr Murthy told the court that before taking a decision to rename the district, the government invited objections from the public. The petitioners submitted their objection and they have no right to again seek adjudication on the same issue.
Meanwhile, the judges said they were not admitting the petition and were issuing notices seeking the version of the government. The court granted two weeks to the government to respond to the petition.
Hyderabad, July 12: The state government on Monday questioned the ‘maintainability’ of a public interest litigation filed in the AP High Court against renaming Kadapa district as YSR district in memory of the late Dr. Y. S. Rajasekhar Reddy.
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar was dealing with a petition filed by Ms K. Jaysree, an advocate of Kadapa, and others, seeking a direction to declare the order of the government issued on July 7, 2010, to rename the district as unconstitutional.
The advocate-general, Mr. D.V. Seetharam Murthy, contended that the petition was not maintainable and also criticised the ‘hostile approach’ of the petitioner towards the departed leader.
He also urged the court to expunge the remarks made in Para 8, 9 and 10 of the petition against YSR. The petitioner, while referring to an APCLC report on Rayalseema factions, alleged that Dr Reddy had a criminal background.
Mr Murthy told the court that before taking a decision to rename the district, the government invited objections from the public. The petitioners submitted their objection and they have no right to again seek adjudication on the same issue.
Meanwhile, the judges said they were not admitting the petition and were issuing notices seeking the version of the government. The court granted two weeks to the government to respond to the petition.
Sunday, July 11, 2010
Former secy in the dock
By S A Ishaqui
Hyderabad, June 10: Justice Goda Raghuram of the AP High Court on Friday ordered the former principal Secretary for the higher education department, Mr Suresh Chandra, to appear before the court in connection with a contempt case.
The judge was dealing with a case filed by the Non-Teaching Technical staff of Sri Venkateswara University, Tirupati, complaining that the authorities disobeyed the court orders with regard to implementing the revised pay scales.
The High Court directed the state on September 23, 2004, to extend the benefits of revised pay scales to 108 non-teaching staff of the university too. However, the state has not extended the benefits to them until now.
Petition against private schools
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the High Court on Friday admitted a petition filed challenging the government in recognising private schools without implementing the provisions of the AP Educational Act, 1982. Mr Srisailam Ramesh, a resident of Visakhapatnam, filed a petition stating that out of the 573 schools in Visakhapatnam, only one has been recognised by the government.
HC suspends state order
Justice V.V.S. Rao on Friday suspended government orders passed in a review petition by reinstating Mr Narsa Goud as sarpanch of Ghambhiraopet village in Karimnagar district. The judge questioned the powers of the government to review its orders while dealing with disciplinary proceedings against the sarpanch. The petitioner said Narsa Goud was suspended for misusing Rs 4 lakhs.
Chief Secy made respondent
A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan on Friday passed orders by making the chief secretary as a respondent in a petition filed challenging the inaction of the municipal authorities in taking action against the chairman and commissioner of Korutla municipality in Karimnagar district.
Mr Induri Satyam, a resident of Korutla village, filed the petition stating that the civic authorities had purchased tractor and trailers at a higher price.
Hyderabad, June 10: Justice Goda Raghuram of the AP High Court on Friday ordered the former principal Secretary for the higher education department, Mr Suresh Chandra, to appear before the court in connection with a contempt case.
The judge was dealing with a case filed by the Non-Teaching Technical staff of Sri Venkateswara University, Tirupati, complaining that the authorities disobeyed the court orders with regard to implementing the revised pay scales.
The High Court directed the state on September 23, 2004, to extend the benefits of revised pay scales to 108 non-teaching staff of the university too. However, the state has not extended the benefits to them until now.
Petition against private schools
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the High Court on Friday admitted a petition filed challenging the government in recognising private schools without implementing the provisions of the AP Educational Act, 1982. Mr Srisailam Ramesh, a resident of Visakhapatnam, filed a petition stating that out of the 573 schools in Visakhapatnam, only one has been recognised by the government.
HC suspends state order
Justice V.V.S. Rao on Friday suspended government orders passed in a review petition by reinstating Mr Narsa Goud as sarpanch of Ghambhiraopet village in Karimnagar district. The judge questioned the powers of the government to review its orders while dealing with disciplinary proceedings against the sarpanch. The petitioner said Narsa Goud was suspended for misusing Rs 4 lakhs.
Chief Secy made respondent
A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan on Friday passed orders by making the chief secretary as a respondent in a petition filed challenging the inaction of the municipal authorities in taking action against the chairman and commissioner of Korutla municipality in Karimnagar district.
Mr Induri Satyam, a resident of Korutla village, filed the petition stating that the civic authorities had purchased tractor and trailers at a higher price.
Thursday, July 8, 2010
State faulted for mismanagement
By S A Ishaqui
Hyderabad, July 7 : A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao on Wednesday faulted the government for mismanaging the cadre and ex- cadre posts of IAS. The bench was hearing with a petition filed by Mr Shafiquzzaman, a senior IAS officer. Justice Raghuram, reacting to the statistical data submitted by the state, said, “The government data reminds this court of Satyam Computer Services’ financial statement.”
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The judge pointed out that the entire litigation is a result of non implementation of the Centre’s Rules pertaining to the management of cadre and ex-cadre posts of All India Service Officers. The bench adjourned the hearing till Monday.
Hyderabad, July 7 : A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao on Wednesday faulted the government for mismanaging the cadre and ex- cadre posts of IAS. The bench was hearing with a petition filed by Mr Shafiquzzaman, a senior IAS officer. Justice Raghuram, reacting to the statistical data submitted by the state, said, “The government data reminds this court of Satyam Computer Services’ financial statement.”
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The judge pointed out that the entire litigation is a result of non implementation of the Centre’s Rules pertaining to the management of cadre and ex-cadre posts of All India Service Officers. The bench adjourned the hearing till Monday.
Arbitration of Maytas Properties stayed
By S A Ishaqui
Hyderabad, July 7: Justice G.V. Seethapathy of the AP High Court on Wednesday stayed further proceedings of arbitration by the arbitrator of Maytas Properties Ltd in a case pertaining to Mr Gunturu Parthasarathy.
The judge was dealing with a petition filed by Mr Parthasarathy seeking a direction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act.
Mr Prabhakar Sripada, the petitioner’s counsel, brought to the notice of the court that Maytas Properties Ltd appointed an arbitrator without definite terms of reference, and the company wanted to avoid its contractual obligation by seeking shelter under the arbitration clause.
He contended that the company has so far not indicated as to what exactly was its dispute with the applicants; he added that without indicating its exact nature of the dispute with the applicants, it cannot refer the matter for arbitration.
He told the court that his client had purchased a flat from Maytas Hill County and the company has received the entire sale consideration. Therefore it could not have any further claim on his client.
Hyderabad, July 7: Justice G.V. Seethapathy of the AP High Court on Wednesday stayed further proceedings of arbitration by the arbitrator of Maytas Properties Ltd in a case pertaining to Mr Gunturu Parthasarathy.
The judge was dealing with a petition filed by Mr Parthasarathy seeking a direction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act.
Mr Prabhakar Sripada, the petitioner’s counsel, brought to the notice of the court that Maytas Properties Ltd appointed an arbitrator without definite terms of reference, and the company wanted to avoid its contractual obligation by seeking shelter under the arbitration clause.
He contended that the company has so far not indicated as to what exactly was its dispute with the applicants; he added that without indicating its exact nature of the dispute with the applicants, it cannot refer the matter for arbitration.
He told the court that his client had purchased a flat from Maytas Hill County and the company has received the entire sale consideration. Therefore it could not have any further claim on his client.
Wednesday, July 7, 2010
Case filed against Maytas
By S A Ishaqui
Hyderabad, July 6: Justice G. Rohini of the AP High Court on Tuesday issued a notice to the Maytas Properties Ltd, the central government and the Registrar of Companies on a petition, which sought a directive to initiate action against Maytas Properties for not filing its annual financial statement for 2008-09 and 2009-2010 before the Registrar of Companies.
The petition was filed by Mr Gunturu Parthasarathy, a native of Secunderabad, stating that the company has become insolvent.
Mr Prabhakar Sripada, the counsel for the petitioner, said the company has shifted its office from Begumpet to some unknown location without the prior permission of the Registrar of Companies.
The judge granted four weeks time to the respondents to submit their reply.
Hyderabad, July 6: Justice G. Rohini of the AP High Court on Tuesday issued a notice to the Maytas Properties Ltd, the central government and the Registrar of Companies on a petition, which sought a directive to initiate action against Maytas Properties for not filing its annual financial statement for 2008-09 and 2009-2010 before the Registrar of Companies.
The petition was filed by Mr Gunturu Parthasarathy, a native of Secunderabad, stating that the company has become insolvent.
Mr Prabhakar Sripada, the counsel for the petitioner, said the company has shifted its office from Begumpet to some unknown location without the prior permission of the Registrar of Companies.
The judge granted four weeks time to the respondents to submit their reply.
Tuesday, July 6, 2010
AP High Court quashes Katari jail-transfer case
By S A Ishaqui
Hyderabad, July 5 : Justice B. Seshasayana Reddy of the AP High Court on Monday dismissed the plea of Katari Mohan, accused in a case of attempted murder of the Chittoor Congress legislator, Mr C.K. Babu, challenging his transfer from Chittoor sub jail to the central prison in Kadapa.
Ms Katari Anuradha, wife of Mohan, had approached the HC challenging orders passed by the district and sessions judge. The petitioner contended that the orders of the district judge were against the provisions of the Prisoners Act 1900.
The government told the court that the husband of the petitioner is facing a threat from the local MLA and for safety reasons the inmate was shifted.
The judge observed that the district judge has inherent power to order such transfer in the circumstances.
Hyderabad, July 5 : Justice B. Seshasayana Reddy of the AP High Court on Monday dismissed the plea of Katari Mohan, accused in a case of attempted murder of the Chittoor Congress legislator, Mr C.K. Babu, challenging his transfer from Chittoor sub jail to the central prison in Kadapa.
Ms Katari Anuradha, wife of Mohan, had approached the HC challenging orders passed by the district and sessions judge. The petitioner contended that the orders of the district judge were against the provisions of the Prisoners Act 1900.
The government told the court that the husband of the petitioner is facing a threat from the local MLA and for safety reasons the inmate was shifted.
The judge observed that the district judge has inherent power to order such transfer in the circumstances.
AP High Court dismisses plea of Royal Challenge
By S A Ishaqui
Hyderabad, July 5 :The AP High Court on Monday dismissed the interim plea of Skol Breweries Ltd, the manufacturers of Royal Challenge beer, to suspend the GO issued by the government to implement a new beer procurement policy.
The petitioner told the court that for the last 17 years the policy has been to place orders based on the consumption market share in the state.
The petitioner said the government has now decided that orders will be based upon the national market share. The petitioner alleged that the new policy was brought out to help United Breweries, who is the market leader if national level statistics are taken into account.
Hyderabad, July 5 :The AP High Court on Monday dismissed the interim plea of Skol Breweries Ltd, the manufacturers of Royal Challenge beer, to suspend the GO issued by the government to implement a new beer procurement policy.
The petitioner told the court that for the last 17 years the policy has been to place orders based on the consumption market share in the state.
The petitioner said the government has now decided that orders will be based upon the national market share. The petitioner alleged that the new policy was brought out to help United Breweries, who is the market leader if national level statistics are taken into account.
HC confirms 30% quota for D.Ed students
By S A Ishaqui
Hyderabad, July 5: A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao of the AP High Court on Monday confirmed an interim order passed by the AP Administrative Tribunal with regard to providing 30 per cent reservation to D.Ed candidates during the selection of secondary grade teachers under DSC 2008.
The bench was dealing with a writ petition filed by the state government challenging the interim order of the APAT delivered on June 28. The bench dismissed the plea of the government.
The government contended that the amendment made in GO Ms No. 28 providing reservations to D.Ed candidates will not have retrospective operation and it cannot be applied to the notification already issued for DSC 2008.
The government issued a notification on December 6, 2008, to fill up 50,000 posts for school assistants and secondary grade teachers. Later, the government incorporated a proviso to the GO Ms No. 28, by providing 30 per cent reservation for D.Ed candidates and it triggered a legal battle between B.Ed and D.Ed candidates.
The candidates holding B.Ed degree challenged the reservation rule before the APAT and their cases were dismissed. They approached the High Court and the High Court struck down the reservation for D.Ed candidates. Then the matter was taken to the Supreme Court, which stayed the High Court order.
Recently the government announced a schedule to fill up vacancies notified under DSC 2008 and issued GO MS No. 27, in May without providing reservations for D.Ed candidates. The D.Ed candidates then approached the APAT.
The government contended that the rule of reservation was set aside by the High Court and mere suspension of that judgment by the Supreme Court by way of interim orders cannot revive the Rule.
Hyderabad, July 5: A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao of the AP High Court on Monday confirmed an interim order passed by the AP Administrative Tribunal with regard to providing 30 per cent reservation to D.Ed candidates during the selection of secondary grade teachers under DSC 2008.
The bench was dealing with a writ petition filed by the state government challenging the interim order of the APAT delivered on June 28. The bench dismissed the plea of the government.
The government contended that the amendment made in GO Ms No. 28 providing reservations to D.Ed candidates will not have retrospective operation and it cannot be applied to the notification already issued for DSC 2008.
The government issued a notification on December 6, 2008, to fill up 50,000 posts for school assistants and secondary grade teachers. Later, the government incorporated a proviso to the GO Ms No. 28, by providing 30 per cent reservation for D.Ed candidates and it triggered a legal battle between B.Ed and D.Ed candidates.
The candidates holding B.Ed degree challenged the reservation rule before the APAT and their cases were dismissed. They approached the High Court and the High Court struck down the reservation for D.Ed candidates. Then the matter was taken to the Supreme Court, which stayed the High Court order.
Recently the government announced a schedule to fill up vacancies notified under DSC 2008 and issued GO MS No. 27, in May without providing reservations for D.Ed candidates. The D.Ed candidates then approached the APAT.
The government contended that the rule of reservation was set aside by the High Court and mere suspension of that judgment by the Supreme Court by way of interim orders cannot revive the Rule.
Saturday, July 3, 2010
AP High Court allows Azad’s mom to see his body
By S A Ishaqui
Hyderabad, July 2: The AP High Court on Friday did not grant interim relief sought by the mother of Cherukuri Raj Kumar alias Azad, spokesperson of the CPI Maoist, to shift his body to Hyderabad for autopsy.
However, the judge asked the police to allow Azad’s mother to see the body before commencement of the autopsy.
Azad was killed in an encounter in Adilabad district on Thursday night along with another Maoist leader.
Ms Cherukuri Karuna, mother of Azad, along with Mr P. Vara Vara Rao, revolutionary writer, moved a lunch motion before Justice Seshasayana Reddy seeking an interim relief to shift the body to conduct post mortem at Hyderabad as there was no forensic expert in Adilabad district.
During the hearing the judge asked Mr. Raghunath, counsel for the petitioners, whether Mr Varavara Rao is a relative of the deceased. When the counsel replied in the negative, the judge then wondered how a writ petition by Varavara Rao can be maintained.
The judge said if he wants to file a petition in public spirit he can approach the court through a Public Interest Litigation. The counsel urged the court to confine to the plea of Ms. Karuna.
Advancing his arguments, Mr Raghunath alleged that the police tortured Azad before killing him in an encounter.
Mr S Sriram, special counsel for the government, told the court that two persons were killed in the encounter and one of them was identified as Azad and the identity of another is yet to be established.
He said the post mortem will be conducted at the government area hospital at Mancherial in accordance with the guidelines of the National Human Rights Commission and the police did not have any objection to allow the mother of the deceased to visit the body after conducting the autopsy. He said bodies will be brought to the hospital by Saturday morning and the post mortem will be conducted at 10 am.
Mr. Raghunath objected and urged the court to allow the petitioner to visit the body prior to the autopsy. The petitioner also sought a direction to register a case for culpable homicide and prosecute the police personnel, who were responsible for the encounter.
While issuing the notices to the respondents, the judge asked the police to allow the mother to visit the body before commencing the autopsy.
Hyderabad, July 2: The AP High Court on Friday did not grant interim relief sought by the mother of Cherukuri Raj Kumar alias Azad, spokesperson of the CPI Maoist, to shift his body to Hyderabad for autopsy.
However, the judge asked the police to allow Azad’s mother to see the body before commencement of the autopsy.
Azad was killed in an encounter in Adilabad district on Thursday night along with another Maoist leader.
Ms Cherukuri Karuna, mother of Azad, along with Mr P. Vara Vara Rao, revolutionary writer, moved a lunch motion before Justice Seshasayana Reddy seeking an interim relief to shift the body to conduct post mortem at Hyderabad as there was no forensic expert in Adilabad district.
During the hearing the judge asked Mr. Raghunath, counsel for the petitioners, whether Mr Varavara Rao is a relative of the deceased. When the counsel replied in the negative, the judge then wondered how a writ petition by Varavara Rao can be maintained.
The judge said if he wants to file a petition in public spirit he can approach the court through a Public Interest Litigation. The counsel urged the court to confine to the plea of Ms. Karuna.
Advancing his arguments, Mr Raghunath alleged that the police tortured Azad before killing him in an encounter.
Mr S Sriram, special counsel for the government, told the court that two persons were killed in the encounter and one of them was identified as Azad and the identity of another is yet to be established.
He said the post mortem will be conducted at the government area hospital at Mancherial in accordance with the guidelines of the National Human Rights Commission and the police did not have any objection to allow the mother of the deceased to visit the body after conducting the autopsy. He said bodies will be brought to the hospital by Saturday morning and the post mortem will be conducted at 10 am.
Mr. Raghunath objected and urged the court to allow the petitioner to visit the body prior to the autopsy. The petitioner also sought a direction to register a case for culpable homicide and prosecute the police personnel, who were responsible for the encounter.
While issuing the notices to the respondents, the judge asked the police to allow the mother to visit the body before commencing the autopsy.
Friday, July 2, 2010
AP High Court admits petition against beer policy
By S A Ishaqui
Hyderabad,July 1: The High Court on Thursday admitted a writ petition challenging the new beer procurement policy of the State government. Skol Breweries Limited, manufacturers of Royal Challenge brand, challenged the new policy contending that the policy will reduce its present market share and encourages its competitors to increase their sales.
Mr D.V. Seetharama Murthy, advocate-general, in his additional affidavit alleged that the petitioner and the United Breweries, who are major suppliers of beer, virtually held the government to ransom by stopping the supply of beer for two consecutive years during the peak season of 2008-09 and 2009-2010.
He said it was the repetition of the earlier tactics during 2005-06 as part of their attempt to increase prices. He contended that the petitioner has no fundamental right to insist upon the government to frame such measures and policies so as to ensure stability of its market share.
He argued that the government has no obligation under law to ensure that the petitioner’s infrastructure was maintained at its optimal capacity. He said the new policy aims at allowing equality of opportunity to all the suppliers of beer in the state who could not have had such an opportunity by reason of the market conditions prevailing on the operation of old policy.
The petitioner’s counsel refuted the argument of the advocate-general by saying that stopping of supply in the past was not relevant to the present petition. He urged the court to grant interim order by staying the implementation of the new policy. The judge reserved the orders on the interim application to Monday.
Hyderabad,July 1: The High Court on Thursday admitted a writ petition challenging the new beer procurement policy of the State government. Skol Breweries Limited, manufacturers of Royal Challenge brand, challenged the new policy contending that the policy will reduce its present market share and encourages its competitors to increase their sales.
Mr D.V. Seetharama Murthy, advocate-general, in his additional affidavit alleged that the petitioner and the United Breweries, who are major suppliers of beer, virtually held the government to ransom by stopping the supply of beer for two consecutive years during the peak season of 2008-09 and 2009-2010.
He said it was the repetition of the earlier tactics during 2005-06 as part of their attempt to increase prices. He contended that the petitioner has no fundamental right to insist upon the government to frame such measures and policies so as to ensure stability of its market share.
He argued that the government has no obligation under law to ensure that the petitioner’s infrastructure was maintained at its optimal capacity. He said the new policy aims at allowing equality of opportunity to all the suppliers of beer in the state who could not have had such an opportunity by reason of the market conditions prevailing on the operation of old policy.
The petitioner’s counsel refuted the argument of the advocate-general by saying that stopping of supply in the past was not relevant to the present petition. He urged the court to grant interim order by staying the implementation of the new policy. The judge reserved the orders on the interim application to Monday.
Thursday, July 1, 2010
AP High Court directs EC to hold elections
By S A Ishaqui
Hyderabad, June 30: The AP High Court on Wednesday directed the Election Commission to hold byelections in Vemulawada and Sircilla Assembly constituencies along with the byelections scheduled for 10 other constituencies on July 27.
A division bench comprising Justice V.V.S. Rao and Justice
Vilas V. Afzulpurkar gave this directive while allowing a writ petition filed by the Telangana Rastra Samiti. Sircilla was represented by Mr K.T. Rama Rao, son of the TRS chief, Mr K. Chandrasekhar Rao, and Vemulawada by Mr Ch Ramesh of the TD, who subsequently joined the TRS.
The EC had withheld the by-elections to both the constituencies as petitions were pending from the runners-up in the 2009 elections who wanted to be declared winners. The TRS welcomed the judgment.
Asked about the judgment, the Chief Electoral officer, Dr I.V. Subba Rao, told this newspaper that he had informed the EC. The Chief Election Commissioner, Mr Navim Chawla, told him that the full commission will take a decision on Thursday. Mr Rao said there was no problem in holding the bypolls since the electoral rools had been published for the two seats also.
The HC observed that the pendency of election petitions and the uncertain consequences that might follow would not in any manner dilute the effect of Section 151A of Representation of Peoples (RP) Act especially when the Speaker of Assembly has already notified the vacancies.
The bench said that Section 150 of the RP Act was silent on a seat becoming vacant during pendency of election petition. “But the silence in this regard does not enable withholding by-election,” said the judges.
Referring to the powers of the EC in withholding the election, the judges said, "It is not the case before us that the EC has consulted with the Centre and certified not to hold elections to two constituencies."
The bench said even if the elected candidate resigns during pendency of election petition against him, a by-election has to be held within a period of six months from the date of occurrence of the vacancy.
"Even if the petitioners in the two election petitions pending before the court win...the court can always deny the relief,” said the judges.
Referring to the apex court’s findings in Sanjeevayya case, the court also said the pendency of election petition and the possible consequences could not be used to ignore Section 151A.
The bench further said Article 190(3) (b) of the Constitution does not admit such differentiation and any vacancy that arises should be filled through as by-election within the period mandated by the Parliament.
Hyderabad, June 30: The AP High Court on Wednesday directed the Election Commission to hold byelections in Vemulawada and Sircilla Assembly constituencies along with the byelections scheduled for 10 other constituencies on July 27.
A division bench comprising Justice V.V.S. Rao and Justice
Vilas V. Afzulpurkar gave this directive while allowing a writ petition filed by the Telangana Rastra Samiti. Sircilla was represented by Mr K.T. Rama Rao, son of the TRS chief, Mr K. Chandrasekhar Rao, and Vemulawada by Mr Ch Ramesh of the TD, who subsequently joined the TRS.
The EC had withheld the by-elections to both the constituencies as petitions were pending from the runners-up in the 2009 elections who wanted to be declared winners. The TRS welcomed the judgment.
Asked about the judgment, the Chief Electoral officer, Dr I.V. Subba Rao, told this newspaper that he had informed the EC. The Chief Election Commissioner, Mr Navim Chawla, told him that the full commission will take a decision on Thursday. Mr Rao said there was no problem in holding the bypolls since the electoral rools had been published for the two seats also.
The HC observed that the pendency of election petitions and the uncertain consequences that might follow would not in any manner dilute the effect of Section 151A of Representation of Peoples (RP) Act especially when the Speaker of Assembly has already notified the vacancies.
The bench said that Section 150 of the RP Act was silent on a seat becoming vacant during pendency of election petition. “But the silence in this regard does not enable withholding by-election,” said the judges.
Referring to the powers of the EC in withholding the election, the judges said, "It is not the case before us that the EC has consulted with the Centre and certified not to hold elections to two constituencies."
The bench said even if the elected candidate resigns during pendency of election petition against him, a by-election has to be held within a period of six months from the date of occurrence of the vacancy.
"Even if the petitioners in the two election petitions pending before the court win...the court can always deny the relief,” said the judges.
Referring to the apex court’s findings in Sanjeevayya case, the court also said the pendency of election petition and the possible consequences could not be used to ignore Section 151A.
The bench further said Article 190(3) (b) of the Constitution does not admit such differentiation and any vacancy that arises should be filled through as by-election within the period mandated by the Parliament.
AP faulted for hiring Maytas for relief work
By S A Ishaqui
Hyderabad, June 30 : The AP High Court, on Wednesday, found fault with the action of the state government in entrusting the work of setting up relief and rehabilitation centres (R.R. centres) in Kadapa district under the Galeru Nagari Srujala Sravanthi Phase-I to Maytas Infra Ltd. on a nomination basis.
A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao, while disposing of a petition filed Mr K. Ramesh Reddy, observed that the method of awarding contracts by nomination basis has the potential to encourage nepotism, waste and carelessness in the award of contracts by public authorities.
It may be recalled that the court had earlier directed authorities not to make any payments for work executed by Maytas, relating to the execution of R.R. centres. The court vacated the stay orders by considering the contention of Mr N. Sridhar Reddy, special counsel for the government, as Maytas Infra almost completed all the work entrusted to it and the stopping of the payments may not be fair on the part of the government.
Hyderabad, June 30 : The AP High Court, on Wednesday, found fault with the action of the state government in entrusting the work of setting up relief and rehabilitation centres (R.R. centres) in Kadapa district under the Galeru Nagari Srujala Sravanthi Phase-I to Maytas Infra Ltd. on a nomination basis.
A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao, while disposing of a petition filed Mr K. Ramesh Reddy, observed that the method of awarding contracts by nomination basis has the potential to encourage nepotism, waste and carelessness in the award of contracts by public authorities.
It may be recalled that the court had earlier directed authorities not to make any payments for work executed by Maytas, relating to the execution of R.R. centres. The court vacated the stay orders by considering the contention of Mr N. Sridhar Reddy, special counsel for the government, as Maytas Infra almost completed all the work entrusted to it and the stopping of the payments may not be fair on the part of the government.
HC pulls up beer manufacturer over accord with state
By S A Ishaqui
Hyderabad, June 30: The AP High Court on Wednesday pulled up Skol Breweries Ltd, the manufacturer of Royal Challenge Beer, for its failure to ensure proper supplies in the last two years, especially during the summer.
The firm had approached the HC challenging the new beer procurement policy announced by the state government.
Skol’s counsel told Justice B. Seshasayana Reddy that the new policy would reduce its market share and would help its business rival United Breweries to increase its share.
The counsel also alleged that the new policy was issued by the government to benefit UB and said the GO issued by the government to implement it was contrary to the judgment of the Apex Court in the Khoday Distillers Ltd case.
However, the advocate general, Mr. D V. Seetharama Murthy, defended the policy and said it was meant to end the duopoly in the beer market and provide more space and opportunities for smaller players thereby benefiting the consumer with wide range of products.
He also pointed out that Skol failed to supply beer when the indent was placed by the APBCL.
The judge then asked why it was not mentioned in the counter affidavit submitted by the APBCL. Mr Murthy replied that it was referred to, but could not be made the main ground to dismiss the plea.
He further said that the APBCL also issued show cause notice to the company to cancel the purchase agreement.
Following this, the judge remarked that once the petitioner failed in supplying the order it could not claim any prejudice in the policy. He also asked the AG to file an additional affidavit within 30 minutes and asked the petitioner to submit a reply immediately.
However, the judge later consented to the plea of the petitioner’s counsel to give at least a day to reply to the charges.
Hyderabad, June 30: The AP High Court on Wednesday pulled up Skol Breweries Ltd, the manufacturer of Royal Challenge Beer, for its failure to ensure proper supplies in the last two years, especially during the summer.
The firm had approached the HC challenging the new beer procurement policy announced by the state government.
Skol’s counsel told Justice B. Seshasayana Reddy that the new policy would reduce its market share and would help its business rival United Breweries to increase its share.
The counsel also alleged that the new policy was issued by the government to benefit UB and said the GO issued by the government to implement it was contrary to the judgment of the Apex Court in the Khoday Distillers Ltd case.
However, the advocate general, Mr. D V. Seetharama Murthy, defended the policy and said it was meant to end the duopoly in the beer market and provide more space and opportunities for smaller players thereby benefiting the consumer with wide range of products.
He also pointed out that Skol failed to supply beer when the indent was placed by the APBCL.
The judge then asked why it was not mentioned in the counter affidavit submitted by the APBCL. Mr Murthy replied that it was referred to, but could not be made the main ground to dismiss the plea.
He further said that the APBCL also issued show cause notice to the company to cancel the purchase agreement.
Following this, the judge remarked that once the petitioner failed in supplying the order it could not claim any prejudice in the policy. He also asked the AG to file an additional affidavit within 30 minutes and asked the petitioner to submit a reply immediately.
However, the judge later consented to the plea of the petitioner’s counsel to give at least a day to reply to the charges.
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