Wednesday, June 30, 2010

State defends IAS appointment

By S A Ishaqui
Hyderabad, June 29 :The state government on Tuesday defended the posting of Mr Mohammed Shafiquzzaman as principal secretary to a rain shadow department two years ago.

A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao was hearing a petition filed by the state government seeking a directive to set aside an order of the Central Administrative Tribunal passed in favour of the senior IAS officer, Mr Shafiquzzaman.

Mr A. Satya Prasad, additional-advocate-general, said the official was given a posting within the permissible limits of the cadre posts available at that time and the official had not assumed charge of the post.

He said the government had later posted the official to public enterprises department as the principal secretary; he did not take charge there too, and had approached the court.

The bench wanted to know from the government if the post of principal secretary of rain shadow department was within the 10 posts notified as on the date when he was given the posting.

The additional advocate-general said he will get back to the court on Wednesday with relevant information.

HC stays contract given for dam works

The AP High Court on Tuesday granted an interim stay on awarding the contract for repairs to the spillway slope and damaged portion of the apron of the Nagarjunasagar masonry dam to Raghava Constructions. The court was dealing with a petition filed by Swapana Constructions challenging the action of the authorities in awarding the contract to the company by relaxing the conditions. The court directed the respondents to file their version within two weeks.

HC stays Nims admission results

Justice G. Rohini of the AP High Court on Tuesday granted interim stay on the declaration of results pertaining to admission into super specialty courses offered by Nizam Institute of Medical Sciences (Nims). The judge was dealing with a petition filed by Dr Ramdas, challenging reservation for in-service candidates. He contended that such reservations cannot be provided at level of super specialty courses.

PIL against kids in reality shows

By S A Ishaqui

Hyderabad, June 29: A public interest litigation was filed in the AP High Court on Tuesday seeking a directive to stop the telecasting of reality shows by national and regional TV channels across the country till the guidelines are framed with regard to participation of children below the age of 18 years.

The Child Rights’ Protection Forum, Vanamali Registered Public Society, and Ms P.A. Devi, a social worker from Hyderabad filed the petition.

The petitioners told the court that the National Commission for Protection of Child Rights has evolved guidelines to regulate children’s participation in TV serials, but the guidelines are not being followed by the reality show producers and the TV channels.

The petitioners also sought a directive to initiate criminal action against the sponsors including the advertising agencies for including children below 18 years of age. The petitioners told the court that the National Commission for Protection of Child Rights had evolved guidelines to regulate children’s participation in TV serials, but the guidelines are not being followed by the reality show producers and the TV channels.

Tuesday, June 29, 2010

State can create ex cadre posts

By S A Ishaqui

Hyderabad, June 28: The state government on Monday contended before a division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao that it has power to create ex-cadre posts of the IAS without the prior consent of the Centre for a specific period.

Mr A. Satya Prasad, additional advocate-general, arguing on a petition filed by Mr Shafiquzzaman challenging the orders of the Central Administrative Tribunal with regard to cadre posts, said the official was promoted to the post of special chief secretary and there was no issue with regard to his posting to the rain shadow department.

Mr Prasad said they always sought permission from the Centre beyond the specified period, but the Centre was never prompt in its response.

HC dismisses case against TTD

A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar on Monday dismissed a writ petition filed seeking a directive to dissolve the current “Tirumala Tirupati Devasthanams Board” under Section 105 of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987.

Mr Bezawada Govinda Reddy, a Congress leader from Nellore, had filed the petition. The bench said it was not inclined to grant any interim relief to the petitioner as he did not approach the state government to state his grievance.

HC stays order against HMDA

The AP High Court on Monday passed an order in favour of the Hyderabad Metropolitan Development Authority (HMDA).

A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar stayed an order passed by a single judge directing the HMDA to refund the amount deposited by successful bidders, in pursuance of the auction conducted by it July 20, 2006, to sell the plots at Kokapet under Golden Mile Project.

Mr G. Vahanavati, attorney general, arguing on behalf of the HMDA, said the bidders were aware of the litigation surrounding the title of the land and in spite of that, they participated in the auction. He said the bidders were obligated to wait till the dispute was resolved.

He contended that each of the petition has a separate reason and passing a common order would be arbitrary.

Fertiliser handling back to anchorage

Justice N.V. Ramana of the AP High Court on Monday declared that the action of the state government in permitting Kakinada Sea Ports Limited to handle fertilisers at deep water port was unsustainable.

The judge directed the government to implement the orders issued on October, 13, 2008, which restored the handling of fertilisers at the anchorage port instead of at the deep water port.

Sunday, June 27, 2010

Petition filed against state on DSC vacancies

By S A Ishaqui

Hyderabad, June 26: A writ petition has been filed in the AP High Court challenging the government action in filling up excess notified vacancies during DSC 2008.

The petitioner, Mr M. Narayana, from Anantapur, contended that the action of the government in filling up excess notified vacancies against the vacancies that are available after issuing the DSC notification on December 6, 2008, was contrary to the law laid down by the Supreme Court and deprived the eligible candidates, who qualify after the date of notification.

The petitioner urged the court to stay all further proceedings in pursuance of the various GOs issued by the government on June 21, 2010.

Seized Nuziveedu stock to be released

The AP High Court directed the joint collector of Guntur district to return 120 packets of Maha Mallika BT-II variety of cotton seeds which are found to be in accordance with specifications, to the Nuziveedu Seeds Pvt Ltd within a week.

Dealing with a petition filed by the company challenging the action of the authorities in seizing the stocks, Justice B. Seshasayana Reddy, directed the authorities to release the stock subject to the petitioner furnishing a bank guarantee of Rs 90,000 within a week.

Justice Reddy has posted the hearing in the matter to next week.

Saturday, June 26, 2010

HC puts curbs on people entry into Tirumala temple

By S A Ishaqui

Hyderabad, June 25: A division bench comprising Justice Goda Raghuram and Justice Ramesh Ranganathan of the AP High Court on Friday ruled that except members of the identified category no one should be allowed to enter the Tirumala temple Mahadwaram.

The bench was dealing with a petition filed by Mr Bezavada Govinda Reddy seeking a direction to preserve and protect the jewellery of Lord Venkateswara.

The judges referring to news reports regarding entry of several individuals, including some industrialists and others, sought to know the criteria adopted by the TTD to allow entry through the Mahadwaram.

Mr S.R. Ashok, senior counsel, appearing on behalf of the TTD submitted that Mahadwaram entry and other privileges are given to individuals based on age-old customs and traditions. The bench directed the TTD to file an affidavit within three weeks on parameters and criteria adopted to allow Arjitha Sevas in the temple.

Friday, June 25, 2010

Rowdy sheet against scribe unconstitutional

By S A Ishaqui
Hyderabad,June 24: The Andhra Pradesh High Court has held that opening of a rowdy sheet based on single offence against a person was subversive of Article 21 of the Constitution, which guarantees every person a right to live with human dignity.

Justice C.V. Nagarjuna Reddy, while allowing a petition filed by Mr P. Sathiyya Naidu, a scribe working in a vernacular daily at Katrenikona in East Godavari district, slapped costs of Rs 5,000 against the sub-inspector of police, for causing embarrassment to the petitioner by opening a rowdy sheet.

The judge directed the superintendent of police, East Godavari district, to recover the amount from the salary of the sub-inspector and pay to the petitioner. The petitioner told the court that a case was registered against him for allegedly forging a house site patta document in the name of Dr Y.S. Rajasekhar Reddy, the then Chief Minister of AP, under Indiramma Housing Scheme.

It was pointed out that except the above mentioned case, the petitioner was not found involved in any criminal cases at the time of opening the rowdy sheet. The judge while reiterating the findings of the

AP High Court in a case said that the rowdy sheet can not be opened against any individual in a casual and mechanical manner. Dubbing a person as a habitual offender and to open a rowdy sheet was not sufficient.

While declaring the action of the police as illegal, the judge quashed the rowdy sheet and directed the police to pay costs within four weeks.

Top cop granted bail in murder case

The AP High court on Thursday granted conditional bail to S. Rajendra Prasad, the deputy superintendent of police of Peddapalli, who was allegedly involved in a murder case of a constable Ramesh at Godavarikhani.

Justice Raja Elango, while granting the bail, directed the DSP to surrender before the lower court and furnish reasonable sureties to obtain bail.

The judge also directed the DSP to appear before the district police superintendent on July 3 and 10, 2010. The petitioner pleaded innocence by saying that he was falsely implicated in the case.

Wednesday, June 23, 2010

High Court rejects appointment of Srikalahasti board

By S A Ishaqui

Hyderabad, June 22: The AP High Court on Tuesday quashed the appointment of the board of trustees for the Srikalahasti Temple.

Justice Ramesh Ranganathan, while allowing a petition filed by Mr. G Pratap and others challenging the action of the government in not following the Trustee Rules , 1987, in the appointment of trustees to the board, declared the government order issued for appointing the trustees of the temple on February 20, 2009 as illegal.

The petitioners alleged that the appointments were made under the influence of the municipal administration minister, Mr Anam Ramnarayana Reddy. The judge set aside the order on the ground of non-verification of the antecedents of the trustees.

TRS petitions court on bypoll vacancies

A writ petition was filed in the High Court on Tuesday by the Telangana Rashtra Samiti, represented by its general secretary, Mr K Yadagiri Reddy, seeking a direction to declare the action of the Election Commission in not notifying for filling up vacancies of Vemulawada and Sircilla assembly constituencies in the election schedule as illegal.

The petitioner sought a direction to the EC to fill up the two vacancies by holding byelections along with other 10 assembly constituencies in July, 2010.

Petition to form T board dismissed

A division bench comprising Justice V.V.S. Rao and Justice Vilas V. Afzulpurkar of the High Court, on Tuesday, dismissed a writ petition that was filed seeking a direction to form the Telangana Regional Board in accordance with the Gentlemen’s Agreement.

The bench was dealing with the petition filed by Mr N. Amesh Kumar of Nalgonda.

He told the court that as per the six-point formula arrived at after the Gentlemen’s Agreement, a regional board for Telangana has to be set up to look after the developmental activities in the region.

GHMC told to report on lake clean-up

The High Court, on Tuesday, directed the Greater Hyderabad Municipal Corporation (GHMC) to submit a report by Wednesday on the steps taken to remove the debris dumped into Durgam Cheruvu lake. The bench was dealing with a petition filed by Captain J. Rama Rao on behalf of the Forum for Sustainable Development.

The court passed an order on November, 20, 2009, directing the GHMC to take steps to remove the debris.

When the petitioner’s counsel brought to the notice of the court that the debris is still lying in the lake, the bench expressed its dismay at the attitude of the GHMC and sought an ATR.

Stay on notice to Libra advertising

The court on Tuesday stayed a notice issued by the GHMC assistant commissioner (Audit) to Libra Outdoor Advertising owned by Mr T. Dayakar Reddy.

Mr Reddy challenged the notice issued to him to pay the sales tax for the assessment year 2006-07, 2007-08 under the A.P. Vat Act.

Tuesday, June 22, 2010

HC suspends AP order on Desam MLA’s college

By S A Ishaqui
Hyderabad, June 21: The Andhra Pradesh High Court on Monday suspended an order issued by the state government to cancel the recognition of Spruha College of Nursing owned by the Telugu Desam MLA, Mr T.V. Rama Rao.

Mr Rama Rao approached the court seeking a direction to set aside the order issued by the government on June 6, 2010.

He contended that when the Indian Nursing Council (INC) had granted recognition and the NTR University of Health Sciences given affiliation, the state government had no role to interfere in the running of the nursing college.

AP cops did not arrest Maoist

The state government on Monday informed the Andhra Pradesh High Court that the state police did not arrest Varanasi Subrahmanyam alias Vimal, the central committee member of the CPI (Maoist) party.

Ms Mohana Reddy, assistant government pleader, submitted before a division bench comprising Justice A. Gopala Reddy and Justice K.C. Bhanu that according to the information received by the government, the Delhi police had arrested Subrahmanyam.

The bench was dealing with a habeas corpus petition moved during the lunch session by Ms V. Renuka Devi, sister of Subrahmanyam, seeking a direction to the police that they produce him before a court.

Mr V. Raghunath, counsel for the petitioner, told the court that Varanasi Subrahmanyam was picked up by the police on June 16 at Rameshnagar metro railway station, and that they suspect the Special Intelligence Bureau authorities from the state of having taken him.

Ms Mohana, while refuting the contention of the petitioner, sought two days to furnish details on the arrest of Subrahmanyam. The court adjourned the hearing to Wednesday.

HC directs state to consider Rithvik plea

The High Court on Monday directed the state to consider the representation of Rithvik Projects Ltd seeking more time to submit bids for the construction of a hydro power plant for the Polavaram project. The Rithvik Projects Ltd had challenged the amendment of the pre-qualification of bids for the project by state officials.

Saturday, June 19, 2010

HC stays SHRC order to ban

By S A Ishaqui

Hyderabad, June 18: The AP High Court on Friday granted interim stay on the orders of the State Human Rights Commission which had banned Aata-5, a reality show for children on Zee TV.

A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar was dealing with petitions filed by Zee Entertainment Enterprises Ltd and OAK Enterprises Pvt Ltd, challenging the ban imposed by the SHRC.

Mr Challa Kodandram and Mr S. Niranjan Reddy who appeared on the petitioners’ behalf, contended that the commission does not have power to prohibit the telecast of the programme, and that it cannot assume the role of a “censor board”.

Mr Kodandaram argued that the Human Rights Protection Act permits the SHRC to give interim relief to persons who are victims of public servants. That situation does not exist in the case of the reality show.

Mr A. Satya Prasad, additional advocate-general, contended that the SHRC has jurisdiction under Section 18 of the Act and urged the court to interpret the rules and provisions keeping in view the spirit of the Act.

TTD told to clear stand on staff age

A division bench comprising Chief Justice Nisar Ahmed Kakru and Justice Vilas V. Afzulpurkar of the AP High Court on Friday directed the Tirupati Tirumala Devasthanams (TTD) to make its stand clear on the issue of continuing the service of its employees beyond the age of 60 years.

The bench was dealing with a writ petition filed by Mr Vijaya Sai Reddy a member of TTD board, who told the court that more than 100 employees are continuing in the TTD beyond the age of 60 years.

He stated that the court had passed orders directing the TTD to relieve Mr Seshadri from service. The bench adjourned the hearing after granting time to the TTD make its stand clear in this regard.

State gets notice on fake encounter

Justice Seshasayana Reddy of the AP High Court issued notices to the state government on a writ petition on the encounter of Bikku Pawar, an alleged ganja smuggler, in Medak district.

Mr Bikku, 85, father of Bikku Pawar, filed the petition alleging that the police had killed his son in a fake encounter to avenge the alleged killing of one Suresh, a police constable, by his son.

Mr Bikku told the court that Suresh had molested tribal women and had tried to outrage the modesty of Bikku Pawar’s wife.

He sought compensation from the government for the killing of his son illegally.

State served notice on land transfer

The AP High Court on Friday issued notices to the government on a writ petition challenging the transfer of 14 acres of land in a scheduled area to a private power project, SLS Power Corporation, in Khammam district. The bench was dealing with a writ petition filed by Agency Dalit Samkshema. The petitioner contended that in view of the Supreme Court’s interpretation of the constitutional provisions and land transfer regulations, such transfer was illegal.

Justice P.V.Sanjay Kumar of the AP High Court directed officials not to evict hut-dwellers from Sundariah Nagar of Markapuram, Prakasam district. The judge granted interim orders while dealing with a lunch motion moved by Mr Ruben and others.

Friday, June 18, 2010

AP High Court 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.

Wednesday, June 16, 2010

Pleas against ORR project alignment change dismissed

By S A Ishaqui

Hyderabad, June 15: A division bench comprising Justice B. Prakash Rao and Justice B. Seshasayana Reddy of the Andhra Pradesh High Court dismissed on Tuesday three writ appeals which were filed against changing the alignment of Outer Ring Road at Poppalaguda.

Mr Barla Rami Reddy and others filed the appeals against the orders of a single judge. The petitioners own about 20 acres at Poppalaguda and the Hyderabad Metropolitan Development Authority acquired their lands for construction of the ORR.

The petitioners told the court that the authorities intentionally changed the original alignment of the ORR to acquire their lands and the changed alignment is nearer to lakes, which seriously affects the environment.

The single judge dismissed the plea by observing that the ORR is only an expressway through an urban area to ease traffic congestion in the arterial roads in the twin cities and linking the new international airport to various parts of the twin cities. The construction of ORR cannot be invalidated on the ground of lack of environmental clearance for Phase-II.

The bench while upholding the findings of the single judge observed that the parties shall bear their respective costs.

Petition filed against TTD board

A writ petition was filed in the AP High Court on Tuesday challenging the action of the Tirumala Tirupati Devasthanams in having Mr P. Seshadri continue as officer on special duty despite court orders.

Mr. V Vijaya Sai Reddy, a member of the TTD Trust Board, filed the petition.

He told the court that service rules of the TTD do not permit an officer to occupy any post after he/she turns sixty. He said six weeks ago the High Court had ruled that Mr Seshadri cannot be continue in his post as he is above 60. He alleged that the TTD authorities have not yet passed any order to relieve Mr Seshadri from his post till date.

Plea against tribunal postings admitted

A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao of the AP High Court admitted on Tuesday a public interest litigation filed challenging the appointment of administrative members in all the Administrative Tribunals constituted across the country under the Administrative Tribunals Act across the country.

Mr. P Lakshman Rao, a practising advocate, filed the petition seeking a direction to declare Sections 6, and Section 10 (A) of the Administrative Tribunals (Amendment) Act 2006 as unconstitutional.

Mr K. Lakshmi Narasimha, counsel for the petitioner, said if the establishment of tribunals was solely for the purpose of clearing of arrears, then it was not necessary to have any administrative member at all.

He contended that the provision of the appointment of administrative members in the tribunals under the Act was illegal, as there was no technical knowledge involved in resolving employees’ disputes.

He averred that the very appointment of retired civil servants to the tribunals is bad practice in law.

While admitting the petition, the court issued notices to the Central and the state government.

EC word final on elections, says HC

A division bench comprising Chief Justice Nisar Ahmed Kakru and Justice Vilas V. Afzulpurkar of the High Court on Tuesday dismissed a writ petition filed seeking a direction to the Election Commission not to conduct byelections in Telangana region.

Mr J. Narayanaswamy, a practising advocate of Ananthapur, filed the petition stating that the situation in Telangana was not conducive for polls.

After giving a patient hearing, the Chief Justice Nisar Ahmed Kakru made it clear that the Election Commission has the last word on conducting elections.

He said courts do not interfere in the affairs of the Election Commission.

HC dismisses plea of Suryanarayana

Justice C.V. Ramulu of the High Court on Tuesday dismissed the writ petition filed by Velugubanti Suryanarayana challenging his repatriation to his parent department.

It may be recalled that Suryanarayana was caught by the ACB in a disproportionate assets case and his name figured in a multi crore scam of the Fisheries department.

The government recently repatriated him to the Fisheries Corporation which is his parent department.

Velugubanti Suryanarayana challenged the action of the government before the court and urged the court to declare the action as illegal as the corporation was wound up long ago.

While dismissing the petition, the judge asked the authorities to see that there are no technical hurdles on the issue.

Tuesday, June 15, 2010

Ap High Court stays probe into OMC mines

By S A Ishaqui

Hyderabad, June 14: The mining baron, Mr Gali Janardhan Reddy, got a breather from the AP High Court which on Monday stayed all further proceedings on a probe ordered by the Centre into the alleged illegal mining operations of Obulapuram Mining Corporation (OMC).

Justice C.V. Nagarjuna Reddy allowed a miscellaneous petition filed by the OMC. The judge ruled that the interim stay would continue till the disposal of the writ petitions in this regard. He dismissed a CBI petition against an earlier interim stay on the probe.

The judge observed that public interest will not be affected if the CBI was not permitted to conduct a parallel investigation to find out whether the OMC and Bellary Iron Ore Private Limited have crossed their boundaries and are carrying on illegal mining.

Referring to the SC direction which permitted the OMC to mine, the judge pointed out if the Supreme Court felt that it would be against public interest, the mining company would not have been given permission. The court held that if the CBI is permitted to continue its investigation, it would cause irreparable injury to the petitioner as the boundary row is yet to be resolved.

Sunday, June 13, 2010

HC takes suo moto action on issue of student suicides

By S A Ishaqui

Hyderabad, June 12: The AP High Court has suo moto action on the issue of the recent student suicides in the state.

Dr K. Prabhakar, a resident of the Hyderabad city wrote a letter to the Chief Justice expressing his concern over students committing suicide during the agitation for separate statehood for Telangana.

He urged the court to intervene in the issue, as the media — particularly the visual media — has been glorifying the suicides, and politicians have been using these unfortunate incidents to gain political mileage.

He requested the court to direct the media and political parties to maintain restraint in such incidents.

The Chief Justice directed the registry to post the issue for hearing.

Plea against transfer of government land

A writ petition has been filed in the High Court by the Agency Dalith Samkshema Sangam (ADSS) of Bhardachalam seeking a direction to declare the action of the government in according permission for handing over 15 acres of irrigation land to SLS Power Corporation Ltd as illegal.

Mr Chatla Ravi Kumar, president of Agency Dalith Samkshema Sangam, filed the petition contending that the action of the state violated para 5(2)(b) of the Fifth Schedule of the Constitution.

Friday, June 11, 2010

Ayesha killing case stayed for a week

By S A Ishaqui
Hyderabad,June 10: The AP High Court on Thursday stayed the trial in B. Pharmacy student Ayesha Meera murder case for a week.
Justice P. Swaroop Reddy, while dealing with a petition filed by the prime accused, P. Satyam Babu, granted the interim orders. The petitioner sought a direction to stay the recording of his statement by a lower court at Vijayawada under Section 313 CrPC. He contended that such a statement cannot be recorded unless all the witnesses are cross-examined. The judge adjourned the hearing to Monday.

HC pulls up man for complaint on cops

Justice C.V. Nagarjuna Reddy of the High Court on Thursday expressed his displeasure over the averments made by the writ petitioner who commented that the police officers are biased regarding Telangana-oriented meetings.
While dealing with a petition filed by Mr D. Suresh Kumar, who complained that the police have not accorded permission for a meeting against the police firing at Mahabubabad recently, the judge said sweeping remarks attributing bias based upon region on the police officers was not proper. The judge instructed the police to consider the application of the petitioner and pass orders.

HC asks for details of Maytas contract

A division bench comprising Justice G. Raghuram and Justice Noushad Ali on Thursday directed the authorities to produce records before the court pertaining to awarding the contract of resettlement and rehabilitation works of Galeru Nagari Sujala Sravanthi project to Maytas on nomination basis.

Sale of Sir Silk factory plots permitted

Justice Seshasayana Reddy on Thursday permitted the sale of house plots of Sir Silk factory to its former employees, who have been occupying the premises.
The petitioners sought a direction from the court to facilitate them to purchase the house plots.

SBH rapped for false loan case

The High Court on Thursday pulled up SBH for trying to recover money under the Securitisation Act from a person though no loan was sanctioned and directed the bank to pay Rs 5,000 to the petitioner as costs.
A division bench comprising Justice Goda Raghuram and Justice Noushad Ali allowed a writ petition filed by G. Prabhakar.
He told the court that the bank claimed that a loan of Rs 40 lakhs was given to him and on allegedly defaulting the payment had put his property to auction. He said he did not receive the loan at all.

Petition against RTI application dismissal

A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the High Court on Thursday admitted a writ appeal filed by Mr Ravi Raj, a para legal worker, challenging the dismissal of his writ petition under Right to Information Act by authorities.
The petitioner told the court that he had asked for details of the landless and houses allotted to the poor in Vuyyuru mandal of Krishna district. He said the officers had provided only partial information and his efforts seeking more details were brushed aside.

Thursday, June 10, 2010

State justifies Maytas contract

By S A Ishaqui

Hyderabad, June 9: The state government has justified its action before the AP High Court in awarding civil works at Relief and Rehabilitation Centres of Galeru-Nagari Sujala Sravanthi project in Kadapa district to Maytas Infra Ltd on nomination basis.

Earlier, the court directed the government not to make payment for any works executed by the Maytas infra, relating to execution R.R. Centers under GNSS Phase-I in Kadapa district.

The court also directed the authorities not to enter into any contracts on nomination basis and asked the principal secretary of the panchayat raj department to file an affidavit on the issue.

The court issued an interim order, while dealing with a petition filed by Mr K. Ramesh Reddy challenging the action of the government in awarding works to the Maytas by observing that the method of awarding contracts on nomination basis has the potential of encouraging nepotism.

The government in its reply said the works were awarded to the company as there was no response for the tender notifications issued on two occasions to allot the works.

The government informed the court that to avoid delay in the execution of R and R works, the district collector was permitted to entrust the works to the EPC contractors (Maytas), which was handling the main project.

The argued that the decision was taken only to avoid price escalation.

The government contended that there was no violation of any mandate and no preferential treatment was given to the company.

The government brought to the notice of the court that most of the works had been completed.

In view of the interim order, the civil works which are in final stages have been stopped and it is severely hampering the main project works, said the government. It requested the court to vacate the stay.

Wednesday, June 9, 2010

PIL filed for Prohibition in AP

By S A Ishaqui

Hyderabad, June 8: The Andhra Pradesh High Court on Tuesday admitted a petition seeking total alcohol prohibition in the state.

The HC bench comprising Justice Goda Raghuram and Justice Naushad Ali served notices on Central and State governments to respond to the petition.

The state government has completed the auction of 6,596 shops and earned a licence fee of Rs 6,900 crore. The excise commissioner, Mr Hiralal Samaria, said the auction for 50 more shops would be taken up and the licence fee would cross Rs 7,000 crore.

Dealing with the petition the Bench asked the petitioner, Mr M. Narayana, to explain how the courts could intervene in this matter. The bench had observed that the governments too were aware of the adverse impact of consumption of liquor but would act only when they realise that they were losing peoples confidence.

Saturday, June 5, 2010

Medicos in HC for exams

By S A Ishaqui
Hyderabad, June 4: Several medicos of the S.V.S. Dental College of Mahbubnagar and Army College of Dental Sciences of Ranga Reddy district approached the AP High Court on Friday seeking a direction to their college managements to allow them to sit for the internal and annual examinations which are going to be held from June 21, 2010.

Ms Dantala Deepthi, Ms Jyothi Arukonda and others stated that they got admission under the backward class reservation quota and completed their first year course.

They complained that the managements have started demanding of Rs 1.1 lakh as tuition fee to pursue the second year of the course. They contended that they were exempted from payment of tuition fee as they got admission under the reservation category.

HC bans dumping debris at Durgam

A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar on Friday directed the government and the Greater Hyderabad Municipal Corporation to take steps to prevent dumping debris into the Duggam Cheruvu at Jubilee Hills in Hyderabad.

The court suo motu has taken up the issue based on news reports about the dumping of debris in the lake.

The counsel who appeared on behalf of the government informed the court that they have identified the people who were dumping the debris into the lake and were in process of issuing notices to them.

The bench directed the authorities to see that no more dumping occurs.

HC quashes notice for land acquisition

Justice L. Narasimha Reddy of the High Court on Friday quashed a notification issued to acquire 112 acres of lands at Ambapuram village in Vijayawada rural mandal.
While allowing a batch of writ petitions filed by Ms M.V.N. Sailaja and others challenging the notification, the judge passed orders by quashing the notification.

The petitioners told the court that the Vijayawada Guntur Tenali Mangalagiri Urban Development Authority (VGTMUDA) issued the notification seeking to acquire 112 acres in their village for “township development”.

Justice Reddy reminded that the courts have held that the purpose mentioned in the notification must be specific and not vague.

Friday, June 4, 2010

Court bans live songs, dances in bars of Hyderabad city

By S A Ishaqui
Hyderaba,June 3: The Andhra Pradesh High court on Thursday made it clear that live performances of bands with male and female artistes should not be allowed in bars and restaurants.

A division bench comprising Chief Justice Nisar Ahmed Kakru and Justice P.V. Sanjay Kumar clarified its earlier orders on the issue while dealing with writ appeal filed by bar and restaurant owners of the city challenging the interim orders of a single judge.

During the hearing, the bench took into account the orders passed by single judges in similar matters earlier. While posting the writ appeals for final hearing, the bench also asked the counsel of the home department to list out all other similar cases pending before the court.

The owners of Shiva Ganga, Sama Regency and other bars and restaurants contended that they had a valid licence under the Hyderabad City Police Act and should not be asked to file an application for grant of license to conduct live band in bars and restaurants in view of the judgment of the apex court.

According to the petitioners, live band means a musical performance with male and female singers in front of an audience and prohibiting such performances in bars and restaurants was nothing but arbitrary.

Meanwhile, Mr. K Janakiram Reddy, counsel for the home department, told this newspaper that the court orders were applicable only to those bars and restaurants that had filed writ appeals challenging the order. Live band performances in other restaurants including star hotels could continue as per existing rules, he said.

State ordered to collect arrears from babus

By S A Ishaqui
Hyderabad,June 3: Justice Ramesh Ranganathan of the AP High Court gave his verdict on a petition filed by Mr Rajiv Trivedi, an IPS officer, challenging the demolition of an extra bedroom for installation of a lift at Block No 4 in Government Officers’ Flats on Road No. 10 of Banjara Hills.

The judge observed that the “no-holds barred squabble in full public gaze by officers... and occupation of the government quarters without payment of arrears of rent... does not augur well for the bureaucracy”.

During the course of hearing the petitioner said the other occupants of Block No 4 had defaulted in payment of monthly rent and continued to retain possession of the flats even though they were transferred.

On the direction of the judge, the government submitted details of the rent arrears due from officials. According to the government, Mr S.V. Rajasekhar Babu, ASP, had not paid rent from July 12, Mr K. Satyanarayana, secretary of A.P. Yogadhyana Parishad, had to pay Rs 20,000, Mr G. Sudheer Babu, IPS (Rs 1,35,333), Dr A. Ravi Shankar, IPS (Rs.82,258), and Mr Vijaya Kumar, DCP, Cyberabad, had not paid rent from 2009.

Other officials who have to pay rent arrears are Mr P. Hari Kumar, IPS (pending from 12/09), Mr K. Prabhakar Chowdary, executive director, A.P. Dairy Development Co-operative Federation Ltd (from 2/09) Ms. K. Parimala Hana Nutan, ASP (Rs 2,10,000), Dr Prabhavathi, regional deputy director, State Audit Zone-VI, Hyderabad (from 12/08), Ms B. Udaya Lakshmi, assistant director, WD & CW Dept, (from 2/09) Dr R. Satyanarayana, secretary to the Board of Governors, Hyderabad Public School (from 1/09) Mr M. Kantha Rao, IPS (Rs 50,000), Mr K. Sreenivas Reddy, IPS (Rs 49,000), M. Jyothi, IAS, RIMS, Kadapa (Rs 1,10,000), and Mr Kripanand Tripathi Ujela, IPS (Rs 60,666).