Friday, December 30, 2011

Andhra Pradesh High Court dismisses plea for probe against mantris

By S A Ishaqui

Hyderabad, Dec 29 : Justice N.R.L. Nageswara Rao of the AP High Court on Thursday upheld an order of the CBI Court in dismissing a plea seeking a direction to the CBI to probe the role of six ministers and eight senior IAS officers in connection with the assets case against the Kadapa MP, Mr Y.S. Jagan Mohan Reddy.
Mr P. Sudhakar Reddy, an advocate from Nellore, filed a private petition in the CBI court of the city urging it to direct the CBI to probe six ministers and eight senior IAS officers, who worked under Jagan Mohan Reddy’s father Y.S. Rajasekhar Reddy when he was the chief minister of the state. The CBI court has dismissed his plea and he moved the High Court.

Justice Nageswara Rao ruled that the complaint of the petitioner was not being supported with any evidence and the investigation of the CBI is already on and therefore, there cannot be any parallel inquiry to be taken up by the CBI court. The judge said if there are any deficiencies in the CBI investigation, the petitioner can approach the division bench that ordered the probe against Jagan Mohan Reddy.

Wednesday, December 28, 2011

Bring scheme for convicts’ kids: Andhra Pradesh High Court

By S A Ishaqui

Hyderabad, Dec 27 : A division bench, comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar, of the High Court on Tuesday directed the state government to work out a scheme to take care of children whose both parents are lodged in jail. The bench was moved by a case in which four children of convict-parents went missing and traced after three years. The eldest girl, however, is yet to be traced.

The children’s mother, Sharada, had moved the court, seeking their custody. Sharada's counsel told the court that she and her husband Rajpal Singh were sentenced for life for the murder of a relative over property, in 2005. The convicts’ children stayed with their grand mother till 2008. On May 21, 2008, the children Meena, Meenakshi, Sra-van and Baadal (all siblings) and their relative’s daughter Durga Bhavani left the house and did not return.

Their grandmother lodged a complaint with the police. When efforts to trace them failed, the children’s father wrote a letter to the Chief Justice, seeking his intervention in tracing out his children. Treating the letter as a writ, the High Court directed the police to trace the children within three months and handed them over to their grandmother.

According to the police, the five children left for Guntur where a woman noticed them wandering in streets and got them admitted at Sri Sri Rav-ishankar Seva Mandir. On December 17, one of the children, Meenakshi came to the city and met her mother Sharada, who was released from prison.

With the information provided by Meenakshi, a police team went to Guntur and traced the other children, except the elder daughter. Sharada approached the court for the custody of her children as the cops were under direction to give custody of the children to their grandmother. After a brief talk with the children, the Chief Justice directed the cops to hand over three children to Sharada and custody of Durga Bhavani to be given to her uncle.

Observing that there was no scheme to look after the children in such cases, the Chief Justice ordered the women and child welfare department to come out with a scheme concerning such children. The bench also directed the police to trace Sharada’s elder daughter.

Tuesday, December 6, 2011

Andhra Pradesh High Court asks why Reliance is not part of CBI probe

By S A Ishaqui
Hyderabad, Dec 5 : The AP High Court on Monday asked why Reliance Industries has not been made one of the parties in the plea by Ms Vijayalakshmi, wife of Dr Y.S. Rajasekhar Reddy, seeking a CBI probe into the alleged amassing of wealth by former chief minister N. Chandrababu Naidu.

A division bench comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar commenced its hearing on the pleas of Mr Naidu, media baron Ramoji Rao, TD MP Nama Nageswara Rao, TD vice-president and Rithwik Projects promoter C.M. Ramesh, actor turned realtor M. Murali Mohan and Kakinada seaport promoter Mr K.V. Rao seeking vacation of the interim orders granted against them.

Referring to the allegations of the petitioner with regard to alleged nexus between Mr Ramoji Rao and Reliance Industries in finalising the KG Basin exploration deal and investment by Reliance through Nimesh Kampani into Mr Ramoji Rao’s firms, the CJ asked why Reliance had not been made party in the plea.

The CJ also sought to know from the CBI about the guidelines of the agency in conducting a regular and preliminary probe. The Chief Justice also pointed out the possibilities of adopting coercive methods by the CBI or state police during the probe and protection of the fundamental rights of the parties in the plea. The High Court on November 14 directed the CBI, Enforcement Dire-ctorate, and the state police department to investigate into various alleged acts of ‘indulgence’ by Mr Naidu, former chief minister and his alleged conduits and submit reports in sealed cover to the HC within three months. Aggrieved by it Mr Naidu and others filed special leave petitions before the Supreme Court by contending that the HC will not provide them an opportunity of being heard and passed an ex-parte order.

The apex court requested the High Court to hear their grievance and pass appropriate orders. Then they moved the HC seeking vacation of the order. Mr Sushil Kumar, Jaideep Gupta and Neeraj Kishan Kaul, senior counsel from the Supreme Court, arguing on behalf of Ms Vijayalakshmi contended that the High Court is yet to form an opinion in the context of the criminal culpability of the respondents and the stage had not yet to come to hear the respondents.

They said that interim order of the High Court was well written and well guarded with regard to the fundamental rights of the parties. Mr Anil Dewan, senior counsel arguing for Mr. Ramoji Rao said that the state police have to invoke the CRPc to conduct probe against his client which will have an adverse impact on the prestige and image of his client. Arguments will continue on Wednesday.

Monday, November 14, 2011

By S A Ishaqui



Hyderabad, Nov 14: Ordering one of its most comprehensive inquires, the AP high court on Monday ordered the CBI, the Enforcement Directorate, the state police and the state government to inquire into the alleged acts of “indulgence’ Telugu Desam president N. Chandrababu Naidu during his tenure as chief minister.
The court asked the agencies to submit separate reports of the inquiries within 90 days.
A division bench of acting Chief Justice Ghulam Mohammed and Justice Nooty Ramamohana Rao of gave the interim order while admitting a plea by Ms Y.S. Vijayalakshmi, wife of then chief minister Y.S. Rajasekhar Reddy and mother of YSR Congress leader Jaganmohan Reddy.
The former chief minister and his family members and his associates now face probe under the Prevention of Corruption Act, 1988, and Money Laundering Act, 2002. The investigation agencies will look into the allegations against the TD chief in respect of allotment of lands, grant of licenses, and decisions which were taken by him as chief minister. The agencies will also probe Mr Naidu’s actions with regard to disinvestment and in that process allegedly acquiring wealth which was disproportionate to his known sources of income.
The order covers 15 family members and friends of Mr Naidu, including his wife Bhuvaneswari Devi, son Lokesh, the family-run Heritage Foods and Mr Abobila Rao alias Billy Rao of IMG Bharata, media baron Ch. Ramoji Rao and his company Ushodaya Enterprises Pvt Ltd, and Mr Yelamanchili Satyanarayana Chowdhary alias Sujana Chowdhary,
Others whose affairs will come under the scanner include V. Nagaraja Naidu, a distant relative of Mr Naidu, Madhucon Sugar and Power Industries Ltd represented by its founder Nama Nageswara Rao, Lok Sabha member, Maganti Rajababu alias Murali Mohan, film actor-turned-realtor, Karnati Venkateswara Rao, chairman of Kakinada Sea Ports Ltd, and Chintakunta Munuswamy Ramesh alias C.M. Ramesh, chairman of Rithwik group of companies.
The petitioner, Ms Vijayalakshmi, alleged that Mr Nadu had amassed wealth through illegal means and had misused his position as chief minister.
The bench pointed out, “We have bestowed our anxious consideration to the various statements of facts and the legal principles on the subject. We are of the opinion that the petitioner has made out a case of misuse and or abuse of power and also acts of indulgence shown by the former chief minister, warranting admission of this petition.”

Y S Vijayalakshmi’s petition will spread net wide

By S A Ishaqui
Hyderabad, Nov 14: The business affairs between Mr. Chandrababu Naidu with media baron Ch. Ramoji Rao and Nimesh Kampani, a close aide of Mukesh Ambani, will come under the scanner following the AP High Court order directing a probe into the former chief minister.
Ms Y.S. Vijayalakshmi’s petition, which was admitted by the High Court, alleged that the duo enjoyed government benefits when Mr. Naidu was Chief Minister. Ms Vijayalakshmi alleged that Mr Naidu had not taken any measures to protect state’s interest; instead, he used Mr. Rao as a conduit to generate wealth for himself and for the media baron. In the process, Mr. Naidu ignored advice tendered by senior officials, the plea said.
The petitioner alleged that Reliance Industries, which was granted exploration rights in the K-G basin, had helped itself to a whopping amount of wealth and as a quid pro quo helped TD chief Chandrababu Naidu and Mr Ramoji Rao to illegally amass wealth.
The petition alleged that Ushodaya Enterprises Pvt Ltd, owned by Mr. Ramoji Rao and his family, was in need of Rs 2,600 crore to repay investors and that two associates of Mukesh Ambani had floated six companies in quick succession between December 2007 and January 2008 at the same address at Worli, Mumbai, where Reliance has its corporate office. The industrial house diverted Rs 2,604 crore to the accounts of the newly-floated companies, according to the petition.
Two of those companies, Equator Trading Enterprises Ltd and Anu Trading, entered into an agreement with Mr Ramoji Rao and Ushodaya to divert the money in the guise of acquiring shares in Ushodaya. The petition alleged that at that time Ushodaya was facing a loss of Rs 59.19 crore. But Equator and Anu Trading had picked up shares of the loss-making company, valued at Rs 100 each, at a whopping premium of Rs 5,28,630 per share.
Ms Vijayalakshmi said that these investments were done through Nimesh Kampani, a close aide of Mukesh Ambani of Reliance. The petitioner contended that there were gross financial irregularities committed by Mr. Ramoji Rao and that there is a tacit understanding between Chandrababu Naidu and him, which deserves to be investigated thoroughly.

Thursday, November 3, 2011

Quo warranto hearing put off till Nov. 9 : MLA Venugopala Chary filed Quo Warranto against N. Kiran Kumra Reddy

By S A Ishaqui
Hyderabad, Nov 2:A division bench comprising acting Chief Justice Ghulam Mohammed and Justice Nooty Ramamohana Rao of the AP High Court on Wednesday adjourned the hearing on a petition for issuance of a Writ of Quo Warranto against Mr N. Kiran Kumar Reddy to show under what constitutional authority he holds the office of the Chief Minister, to next Wednesday.

The petitioner, Mudhole MLA S. Venugopala Chary had on Tuesday filed the plea, saying that Mr Kiran Kumar Reddy and his government lacked majority support in the Legislative Assembly. Mr. S. Ramachandra Rao, senior counsel arguing for the petitioner, citing the Apex Court directions in Ms Jayalalithaa’s case, contended that writ of quo warranto is maintainable against the Chief Minister.

He argued that the Union of India has a duty under Article 355 of the Constitution to ensure that the government of every state is carried on in accordance with the Constitution. “Despite the said constitutional mandate, the Union of India failed to act to ascertain or rebut the question whether Mr. Kiran Kumar Reddy's government has necessary legislative confidence or not,” he wondered.

Terming the Chief Minister as usurper, the senior counsel contended that the advocate- general had no right to defend the Mr Kiran Kumar Reddy in this case. The CM has to defend his case on his own or through a counsel, the petitioner said. Justice Ramamohana Rao pointed out that if the Chief Minister filed an affidavit before the court by claiming that he had a support of 148 MLA's to run the government, what would be next?

The counsel replied that the affidavit was not enough to close the case; the court can direct the Chief Minister to prove his majority on the floor of Assembly.

Madan Bhimrao Lokur is new CJ of AP High Court

By S A Ishaqui

Hyderabad, Nov 2 : Justice Madan Bhimrao Lokur will take charge as Chief Justice of Andhra Pradesh High Court by November 15. He is currently the Chief Justice of Guwahati High Court. President Pratibha Patil’s transfer orders to this effect reached Hyderabad on Wednesday evening.


Justice Lokur’s meteoric rise to the top

Born on December 31, 1953, Justice Lokur studied at Modern School, New Delhi and St. Joseph's Collegiate in Allahabad. He completed his graduation in History (Hons.) from St. Stephen's College, Delhi University in 1974. After obtaining his LL.B. degree from Delhi University in 1977, he enrolled as an Advocate-on-Record in the SC in 1981 and appointed as Central Government Sta-nding Counsel in Dec. 1990. He continued in the post till December 1996. In February 1997, he was designated as Senior Advocate and was appoi-nted as Addtl. Solicitor-General on July 14, 1998.

Justice Lokur was appointed as Additional Judge of Delhi High Court on February 19, 1999, and became a permanent judge on July 5, 1999. He was elevated as the CJ of Guwahati High Court on June 24, 2010.

Wednesday, November 2, 2011

Andhra Pradesh High Court adjourns hearing on Naidu’s wealth


By S A Ishaqui

Hyderabad, Nov 1:A division bench comprising acting Chief Justice Ghulam Mohammed and Justice Nooty Rama-mohana Rao of the AP High Court on Tuesday wondered whether the share value of a company could be as high as Rs 5 lakh.

The bench was hearing a plea against the TD chief, Mr N. Chandrababu Naidu, by Ms Y.S. Vijayalakshmi, wife of late chief minister, Dr Y.S. Rajasekhar Reddy, seeking a probe into alleged amassing of wealth by Mr Naidu, through illegal gratification when he was the chief minister of the state. Mr Sushil Kumar, senior counsel from the Supreme Court, appearing for the petitioner explained to the court about various deals including land allotment to IMG Bharata, Krishna Godavari Basin gas supply agreement with Reliance and the role of media baron Mr Ch. Ramoji Rao in finalising the gas deal.

He said the IMG deal was finalised within three days of incorporating the IMG Academy without referring it to the Cabinet. The successive government ordered a CBI probe into the deal and the Centre did not accord its consent till date on the decision. He alleged that in consideration for the favour done by Mr Naidu in allowing the state’s KG Basin claim to be brushed under the carpet, the Reliance group facilitated the payout of Mr Ramoji Rao’s debts to his depositors.

He said one of the close associates of the Reliance Group, Mr Nimesh Kampani, extended himself in ensuring that Mr Ramoji Rao would be bailed out. Within a short span of 37 days between December 2007 and January 2008, six “shell companies” were floated on three addresses, which are shown as Sriram Mills Compound, Worli, which is the official address of Reliance Industries Limited. Reliance diverted Rs 2,604 crores of its shareholders money through the shell companies to Mr Kampani’s Equator Trading India Limited and Chajlani’s Anu Trading.

According to the Form 2, filed by Ushodaya Enterprises with the Registrar of Companies, shares allotted to Equator Trading Enterprises Ltd are shown at a premium of Rs 5,28,630 per share. The senior counsel contended that obliviously it must be a pay off.

Referring to the growth of Heritage Food owned by Mr Naidu’s family, the senior counsel contended that the material which they produced before the court was sufficient to order a preliminary probe against the irregularities committed by Mr Naidu and his associates when they are in power. He urged the court to order a preliminary inquiry by the CBI against TD chief. The court adjourned the hearing.

Tuesday, November 1, 2011

Andhra Pradesh High Court to take up plea against Chnadrababu Naidu today

By S A Ishaqui
Hyderabad,Oct 31 : The AP High Court will hear on Tuesday Y.S. Vijayalakshimi’s plea against Telugu Desam chief N. Chandrababu Naidu seeking a probe by the CBI into the alleged amassing of wealth by the latter when he was the chief minister.

A division bench comprising acting Chief Just-ice Ghulam Mohammed and Justice Nooty Ramamohana Rao will hear the case.




Ms Vijayalakshmi had contended that Mr Naidu’s acts in allotting lands and granting benefits and exe-mptions to several institutions and individuals as the chief minister would attract provisions of various penal laws.

Saturday, October 8, 2011

AP response to Karnataka State Road Transport Corporation plea sought by HC

By S A Ishaqui

Hyderabad,Oct 7 : The vacation judge of the AP High Court Justice B. Seshasayana Reddy on Friday sought to know the response of the state government on a plea by the Karnataka Road Transport Corporation seeking a direction to the government to provide protection to its bus services operating from various places of Karnataka to AP.

The judge was dealing with the petition by the divisional controller of North East Karnataka, Bidar division. The petitioner stated that their corporation was operating 175 services to border villages in AP and Hyderabad from their state. He said that one of their buses was attacked by the agitators at Zaheerabad on September 20, 2011 and their bus crew approached the Medak district police requesting them to provide protection to the passengers and the crew of the bus.
However, the police authorities expressed their inability to provide security to the bus. While directing the government’s counsel to respond on the plea, the judge posted the case after three weeks.

Saturday, October 1, 2011

Notice to Andhra Pradesh Government on ‘shortfall’ of power supply

By S A Ishaqui

Hyderabad, Sept 30: A division bench comprising Justice V.V.S. Rao and Justice K.G. Shankar of the AP High Court on Friday issued notices to the state government on a petition alleging that the government was creating artificial shortage of power in Telangana region on the pretext of the ongoing strike by the workers of Singareni Collieries.

The bench was dealing with a petition by Amarachinta Lift Irrigation Farmers Association of Mahbubnagar represented by its secretary Mr Anjaneyulu. Mr D. Prakash Reddy, senior counsel appearing for the petitioners contended that it was nothing but a deliberate attempt by the government to push farmers into trouble by creating artificial scarcity of power through reduction of hydel power generation.

He cited the statistics to show that the power produced from hydro-electric projects has been reduced drastically this year though the major reservoirs are full. Mr Reddy said the Electricity Act empowers the state government to give a direction to the private producers not to sell their power outside the state, but the government was not using that authority. He stated that the action of the government has resulted in shortage and the farming community was bearing the brunt. While issuing the notices to the respondents, the bench adjourned the case to October 10.

Saturday, September 24, 2011

Andhra Pradesh High Court clears Group-1 exam to be held from September 25

By S A Ishaqui

Hyderabad, Sept 23 :The Andhra Pradesh High Court on Friday allowed the AP Public Service Commission to conduct Group I examinations as scheduled, by refusing to stay the notification issued for the recruitment of 110 posts. The examinations are scheduled to be held from Sept. 25 to October.

This decision sets the stage for a major showdown between the state government and Telangana supporters.

While partially allowing the writ petitions challenging the notification, a division bench comprising Justice V.V.S. Rao and Justice K. G. Shankar directed that the Andhra Pradesh Public Service Commission allow the 1004 left out candidates who secured 83 marks out of 150 in the screening test, to appear for the main examination.

The court refused the plea to add additional vacant posts to the existing list and said that the examination should be conducted for the posts announced at the time of notification. The court observed that the APPSC should continue the cut-off mark of 83 for the main examination to put an end to further controversy.

Referring to the controversy with regard to cut-off marks, the bench said, “We may reiterate that at the stage of screening test, all the candidates who secured the cut-off mark, whether it is 150 out of 150 or 83 out of 150, are one class, because it only enables them to participate in the written test.”

The bench made it clear that if any rule, government order or decision of the APPSC, or the recruitment notification, requires a time gap between the screening test and main test, then any such condition, given the peculiar facts and circumstances of these cases, shall not be applicable to the main exam to be held on September 25.

While the Telangana supporters are demanding postponement of exams in view of the Sakala Janula Samme, the government has made it clear that there is no question of postponement at his stage. The Telangana leaders have threatened to disrupt the exam to be held in centres in Hyderabad and Warangal in the Telangana region if the government remains adamant.

Tuesday, September 20, 2011

Andhra Pradesh High Court issues notice to KCR, AP, Centre over ongoing T-strike



By S A Ishaqui
Hyderabad, Sept 19 :A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the Andhra Pradesh High Court on Monday issued notices to the Telangana Rastra Samiti chief, Mr K. Chandrasekhar Rao, Telangana Joint Action of Committee (political) convener, Professor Kodandaram, Telangana NGOs Association, state government and the Centre on a plea seeking a direction to prevent the indefinite general strike by all employees of Telangana region.

The bench was dealing with a petition filed by Mr P. Venkata Narayana, a practicing advocate from Visakhapatnam seeking a direction to declare the inaction of the government in not preventing the on going agitation by Telangana employees. Mr P.V. Krishnaiah, counsel for the petitioner said that the entire agitation aimed at the state government was misconceived as it was not for the state government to grant a separate state and in any event in light of Article 371 D, the question of granting a separate state did not arise. He contended that the government employees could not go on a strike on an issue not related to their service and therefore the call for strike was illegal. The bench directed the respondents to file their counter affidavits on the plea within a week.

Saturday, August 13, 2011

Report sought on filling up of tank

By S A Ishaqui
Hyderabad,April 18: Justice L. Narasimha Reddy of the Andhra Pradesh High Court on Monday directed the secretary to the irrigation department to submit a report on the filling up of a tank at Bibinagar in Nalgonda district under the road widening programme by the National Highway Authority of India.
The judge was dealing with a petition filed by Suryavamsi Spinning Mills challenging the acquisition of its 7,688 square metre of land for the road widening between Hyderabad and Yadagirigutta.
The judge expressed dismay over the manner in which the authorities were dealing with the life of people in rural India. He pointed out how trees that were 100-years-old were mechanically chopped off.

HC upholds order to cancel exams

Justice K.C. Bhanu of the AP High Court on Monday upheld the action of the South Central Railway in cancelling the examination notification for promotion of assistant sub-inspectors in the Railway Protection Force. Mr T. Vijay Babu and four other constables, who had appeared for the selection pursuant to a notification issued in November 2009, challenged the action of the Railways.
The SCR had cancelled the selection process after the question paper was leaked. The authorities brought to the notice of the court that they conducted an in house inquiry and found enough proof of the question paper being leaked and therefore to ensure fairness, the examination was cancelled.

Notice to SBI over refusing job to man

Justice K.C. Bhanu of the High Court on Monday issued a notice to the State Bank of India (SBI), based on a petition challenging the action of the bank in refusing to recruit a person on the ground that he was suffering from Haemophilia. One Mr Banvat Sankar Naik filed the writ stating that he was selected for the post of clerk in April 2010. The authorities refused his job in December on the ground that he suffered from a blood disorder. The petitioner contended that the said disorder was not within the prescribed alarming level, and in any case it was not dangerous for him to carry out his clerical duties and as such the exclusion was discriminatory and arbitrary. The judge directed the bank authorities to respond to the plea within four weeks.

YSR kin challenge withdrawal of cops

Ms Sharmila, daughter of late Chief Minister, Dr Y.S. Rajasekhar Reddy, and her husband, Mr Anil Kumar, on Monday approached the High Court challenging the action of the authorities in withdrawing their personal security. The petitioners brought to the notice of the court that they were provided 1+1 security in 2004 in view of the threat perception. They said that the authorities withdrew their security from April 1 without any prior intimation to them. Ms Sharmila told the court since his brother Mr Y.S. Jagan Mohan Reddy resigned from the Congress, the ruling party in the state was systematically targeting their family members. She urged the court to restore their personal security.

Salarjung museum told to hold polls

The High Court on Monday directed the authorities of Salar Jung museum to conduct fresh selection to the post of museum’s director after duly considering the case of Ms J. Kedareswari, the keeper of the museum. A division bench comprising Justice Ghulam Mohammad and Justice K.G. Shankar while dismissing a writ appeal filed by the museum authorities granted the order.

Thursday, August 11, 2011

AP High Court lets CBI loose on Jagan & Co.

The Andhra Pradesh High Court on Wednesday ordered the Central Bureau of Investigation to register a case against the YSR Congress chief and Kadapa MP, Mr Y.S. Jagan Mohan Reddy, and his associate companies including his investors
By S A Ishaqui


Hyderabad, Aug 10 : The Andhra Pradesh High Court on Wednesday ordered the Central Bureau of Investigation to register a case against the YSR Congress chief and Kadapa MP, Mr Y.S. Jagan Mohan Reddy, and his associate companies including his investors.

The High Court directed the CBI to register the case under the provisions of the IPC, Prevention of Corru-ption Act, and Prevention of Money Laundering Act, apart from criminal conspiracy.

While disposing two petitions by the textile minister, Dr P. Shankar Rao, and the Telugu Desam’s Mr Yerrannaidu, and others, a Division Bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar pointed out that the investments made in Mr Jagan’s companies were nothing but a form of corruption that attracted Section 3 of the Prevention of Money Laundering Act.

Referring to the allegations of Dr Shankar Rao and the TD leaders, the Bench pointed out that prima facie it had emerged from records that from May 2004, Mr Jagan Mohan Reddy had floated a number of firms, which got investment from several companies which in turn benefited from the government in various forms like SEZs, irrigation contracts, relaxation and permission for real estate ventures.

The bench observed that he was connected with companies which were showing phenomenal growth and these facts made it necessary to ascertain the role of individuals, firms and public servants

AP High Court dismisses third plea against Jagan


The AP High Court on Wednesday dismissed third petition by Mr K.K. Sherwani, a practicing advocate from Kadapa, against YSR Congress chief, Mr Jaganmohan Reddy.


By S A Ishaqui
Hyderabad, Aug 10:The AP High Court on Wednesday dismissed third petition by Mr K.K. Sherwani, a practicing advocate from Kadapa, against YSR Congress chief, Mr Jaganmohan Reddy.

The petitioners sought the direction from the court to call for and examine the records connected with three GOs issued by the state government in favour of Vanpic, Raghuram cements, when Y.S. Rajasekhar Reddy was the chief minister and also to probe into the investments in Jagan firms.

The court dismissed the plea by observing that the petitioner has failed to explain and substantiate the source and authenticity of the information.

The following companies and individuals are to be probed by the CBI after the AP High Court order in the Jagan assets case.

By S A Ishaqui

Hyderabad, Aug 10 :

The following companies and individuals are to be probed by the CBI after the AP High Court order in the Jagan assets case.



* India Cements Limited, represented by its chairman, Chennai
* Dalmia Cements (Bharati) Limited, New Delhi represented by its chairman.
* Penna Cements Group, represented by its director P. Pratap Reddy, Sriniketan, Hyderabad
* Lanco group (Sridhar) represented by its directors Lagadpati Sridhar and Sirisha, Vasantha Nagar, Bengaluru
* Sajjala Group (Obulapuram Mining Company Group) represented by its directors S. Divakar Reddy, N. Sangi Reddy and G. Muralidhar, Krishna Sindhu Residency, Banjara Hills, Hyderabad.
* B. Purushothama Naidu, Plot No. 10, AP Photographers Colony, Road No. 10, Banjara Hills,
Hyderabad.
* Sandesh Laos (P) Ltd. Rep. by its directors J.V. Ramana Reddy & M. Nagi Reddy, 1283, Road No. 64, Jubilee Hills, Hyderabad
* PVP Business Ventures(P) Ltd, Rep. by Potuluri Vara Prasad, Hyderabad
* Cuboid Realtors(P) Ltd, Rep. by Potuluri Vara Prasad, Hyderabad
* Mantle Realtors(P) Ltd, Rep. by Potuluri Vara Prasad, Hyderabad
* Metaphor Real Estate & Projects (P) Ltd, Rep by Potuluri Vara Prasad, Hyderabad
* PVP Business Towers (P) Ltd, Rep. by Potuluri Vara Prasad, Hyderabad
* G2 Corporate Services Limited, Rep. by Nimmagadda Prasad, Hyderabad
* Sughum Constructions (P) Ltd, Rep. by Nimmagadda Prasad, Hyderabad
* Alpha Villas (P) Ltd, Rep. by Nimmagadda Prasad, Hyderabad
* Alpha Avenues (P) Ltd, Rep. by Nimmagadda Prasad, Hyderabad
* Beta Avenues (P) Avenues (P) Ltd, Rep. by Nimmagadda Prasad, Hyderabad
* Gillchrist Investments (P), Rep. by Nimmagadda Prasad, Hyderabad
* Indira Television Ltd. Sakshi Towers, Road No. 1, Banjara Hills, Hyderabad
* Jagati Publications Ltd, Sakshi Towers, Road No. 1, Banjara Hills, Hyderabad
* Carmel Asia Holdings (P) Ltd. Office at 56B/34, 1st Main Vyalikaval, Lower Palace Orchards, Bengaluru
* Janam Infrastructural (P) Ltd, 56B/34, 1st Main Vyalikaval, Lower Palace Orchards, Bengaluru
* Bhagavath Sannidhi Estates (P) Ltd. Office at 56B/34, 1st Main Vyalikaval, Lower Palace Orchards, Bengaluru
* Classic Realty Private Limited Office No. 84, 16th Cross, 14th Main, 4th Sector, HSR Layout, Bengaluru
* Bharathi Cement Corporation Limited, Office at 8-2-269/S/98, Sagar Society, Road No. 2, Banjara Hills, Hyderabad
* Silicon Builders(P) Ltd. Office at 56B/34, 1st Main Vyalikaval, Lower Palace Orchards, Bengaluru
* Capstone Infrastructure(P) Ltd. Office at 56B/34, 1st Main Vyalikaval, Lower Palace Orchards, Bengaluru
* Pulivendula Polymers (P) Ltd. Office at 269/S/98, Sagar Society, Road No. 2, Banjara Hills, Hyderabad
* Harish Infrastructure Private Limited Office at 56B/34, 1st Main Vyalikaval, Lower Palace Orchards, Bengaluru
* RR Global Enterprises Private Limited Office at 8-2-120/86/3 Krishna Sindhu Residency Road No. 3, Banjara Hills, Hyderabad
* Kanti Conductors Ltd. Office at 8-2-268-C/10/C, Aurora Colony, Road No. 3, Banjara Hills, Hyderabad
* Sandesh Labs (P) Ltd. Office at 6-103/166, Gulmohar Park, Serilingampally, Hyderabad
* Swagruha Hotels (P) Ltd. Office at 102, Empress Court, Khairatabad, Hyderabad
* Jubilee Media Communications Private Ltd Office at No. 5, 1st Floor, 1st Cross, 8th Vasantha Nagar, Bengaluru
* ERES Projects (P) Ltd Office at 501 Nirman Ratna Apartments, Chandanagar, Hyderabad
* M. Srinivasa Reddy, Plot No.933, Vivekanandanagar Colony, Kukatpally, Hyderabad
* G. Srinivasa Raju, Srinagar Colony, Hyderabad
* A.K. Dandamudi, 83, Gunrock Enclave, Secunderabad
* K.Srinivasa Naidu & Ors, Plot No.27, Sagar Society, Road No. 2, Banjara Hills, Hyderabad
* Ajay Garapati, 1260 Road No. 36, Jubilee Hills, Hyderabad
* Madav Ramachandran, 196, Nandi Durga Road, Jaimal Extension, Bengaluru
* G. Ananth Sena Reddy, Plot No. 18, Road No. 9, Jubilee Hills, Hyderabad
* K. Prasad Reddy, Road No. 10, Banjara Hills, Hyderabad
* D. Sarojanamma and D. Srinivasulu Reddy, A-21, Anna Nagar, Chennai-600 02
* Mr Y. S. Jagan Mohan Reddy, former Member of Parliament, Kadapa Lok Sabha Constituency, Kadapa, Kadapa District

Thursday, August 4, 2011

Taxman says will try Jagan on false returns

By S A Ishaqui
Hyderabad, Aug3:

The Income-Tax department on Wednesday informed the Andhra Pradesh High Court that it would prosecute the YSR Congress chief and Kadapa MP, Mr Y.S. Jagan Mohan Reddy, the promoter of Jagati Publication, under the provisions of the Income-Tax Act.

Mr J.V. Prasad, counsel for the I-T department, submitted before a Division Bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar, that the department had filed an affidavit in this regard.

The Bench was dealing with a petition by the Telugu Desam leaders seeking a direction to prosecute Mr Jagan Mohan Reddy under the provisions of the I-T Act for filing false assessments regarding the publications owned by him.

According to the I-T department’s affidavit, Jagati Publication’s total taxable income for 2008-2009 was Rs.272.65 crore.

The affidavit disclosed that penalty proceedings under provisions of the I-T Act had already been initiated against the Kadapa MP’s publication

Wednesday, August 3, 2011

Court: Can’t make AP take Jagan stand

By S A Ishaqui

Hyderabad, Aug 2 : The AP High Court on Tuesday was not inclined to insist that the state government spell out its stand on petitions seeking a CBI probe into alleged amassing of wealth by the YSR Congress president, Mr Y.S. Jagan Mohan Reddy.

Mr K.T.S. Tulsi, senior counsel appearing for Mr Jagan Mohan Reddy, contended that the fate and political future of his client depended on the stand being taken by the government as the allegations have been levelled against him by none other than a member of the present council of ministers.

Mr Tulsi also pointed out that none of the Government Orders giving land allotments to firms associated with Mr Jagan Mohan Reddy have been challenged and cautioned that the High Court should be careful when such wild and reckless allegations are made.

Jagan says plea against him has political slant



Mr K.T.S. Tulsi, senior counsel appearing for Mr Jagan Mohan Reddy, said if an investigation was ordered on him, nearly 75 per cent of the Cabinet will be under investigation.

A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the AP High Court was hearing the suo motu plea based on a letter by Mr P. Shankar Rao, the textiles minister alleging disproportionate assets of Mr Jagan.While urging the bench to insist that the government spell out its stand, Mr Tulsi said it cannot hide behind the court to gain credibility for its baseless allegations.

Indicating disinclination of the bench to insist that the state spells out its stand, Chief Justice Kakru said, “We issued notice to the government and we granted time but it did not respond.”

Mr Tulsi’s contention was that the petitions against his client were political and personal and therefore should not be entertained, and based on such pleas, the court cannot order a probe.He said a day after the decision of his client to quit the Congress, the letter of the MLA (Mr Shankar Rao) had landed in the High Court with an intention to compel his client not to resign from the party.

Mr Tulsi alleged that Mr Shankar Rao was rewarded with a Cabinet berth just a week after writing the letter.Mr Tulsi argued that the investors paid a premium to buy shares in Mr Jagan’s firms, including Bharati Cements and Jagati Publications, after following the progress and success of his ventures.

He said the Vanpic project was actually awarded to the Kingdom of Ras-al-Khaima, which in turn roped in Mr N. Prasad, ex-promoter of Matrix Laboratories, as a local partner.

Mr L. Nageswara Rao, senior counsel for Mr N. Prasad objected to the petitioners terming the Vanpic project illegal. He said after filing the writs the state did not scrap the project nor did it change any earlier policy under which such projects were awarded.

The counsels representing other respondent firms in the pleas told the court that their clients had made investments only on business considerations.

Wednesday, July 27, 2011

CBI submits ‘damning’ report on Jagan assets

By S A Ishaqui
Hyderabad,July 26: The Central Bureau of Investigation on Tuesday submitted its preliminary inquiry reports into the alleged amassing of wealth by the YSR Congress president, Mr Y.S. Jagan Mohan Reddy, and controversial land deals of the AP Industrial Corporation, in sealed covers to the AP High Court.
CBI sources said that there was prima facie evidence of irregularities in land allotments made to many companies, which had in turn invested huge amounts of money in Mr Jagan Mohan Reddy’s company during YSR’s regime. The CBI said that these had been brought to the notice of the High Court through the preliminary inquiry report and it was now up to the court to pass appropriate orders for further investigation.

The Joint director of the CBI, Mr V. Lakshmi-narayana, submitted four sealed covers to the registry at the High Court on Tuesday. The High Court has listed the petitions for hearing on Wednesday. The High Court, on July 11 and 12, had passed orders directing the CBI to initiate a probe against Emaar Properties and the YSR Congress chief and had asked them to complete it within two weeks.

HC to decide on giving CBI probe report

The Central Bureau of Investigation has sought directions from the High Court regarding the Supreme Court’s permission to furnish copies of the reports to the Kadapa MP, Mr Y.S. Jagan Mohan Reddy, on Tuesday. The Kadapa MP and three other companies had challenged the High Court’s order before the apex court.

While dismissing their petition, a Bench of the apex court had observed that the respondents might seek the copies of the report. Sources said that the High Court thus issued necessary instructions to the CBI for furnishing copies of the reports to Mr Jagan Mohan Reddy and his associates. The High Court had asked the CBI to probe into Emaar and Mr Jagan Mohan Reddy’s assets following two letters from the textile minister, Dr P. Shankar Rao, and the TD leader, Mr Yerrannaidu, and others.

Sunday, July 24, 2011

APIIC defends stalling registration

By S A Ishaqui
Hyderabad,July 23: The AP Industrial Infrastructure Corporation (APIIC) defended its stand before the AP High Court in stalling the registration of properties to purchasers by the Emaar Properties Ltd. Earlier, the APIIC had asked the state government to restrain the Stamps and Registration department from registering the properties by Emaar and subsequently the government issued a GO. The High Court granted stay on the GO on a plea by Ms Boulder Hills Villas Owners Association questioning the government’s action in stalling registrations. The HC asked APIIC to file its reply to the plea.

The APIIC in its counter affidavit contended that it is a public sector entity which is part and parcel of the state, it has the power to stop registrations under the Section 22(A)(1)(e) of the Registrations Act.
It told the court that the Boulder Hills Association could not furnish either the list of its members or its own registration certificate. The APIIC brought to the notice of the court that when it noticed several violations of agreements between it and Emaar, it initiated civil and criminal action against the company by filing cases before appropriate authorities. The corporation said according to the agreement Emaar Properties can sell the property and not the Emaar MGF, which had no title over the property. It also said that customers had no right to approach the HC against the GO, as Emaar cheated them by registering properties through Emaar MGF, which had no such power.

Friday, July 15, 2011

Court notice to TRS on bandh

By S A Ishaqui
Hyderabad, July 14 : A division bench of Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the Andhra Pradesh High Court on Thursday issued notice to the Telangana Rashtra Samiti president, Mr K. Chandrasekhar Rao, the Telangana Joint Action Committee (political) convener, Prof. Kodandaram, and also the Centre and the state governments, on a petition questioning the ongoing rail roko.

The bench was hearing a plea by the president of the Warangal district consumer forum, Mr S. Chakrapani, seeking a direction to declare the action of the government in not taking any steps, including preventive methods, to restrain the TRS and the TJAC from conducting the rail roko agitation, as arbitrary, illegal and unconstitutional.

Mr Chakrapani told the court that various political parties in the Telangana region resorted to various agitations to demand that the Union of India introduce the Telangana Bill, and in that process the people of the state, particularly in Telangana, are put to so much inconvenience and deprived of their personal liberty and their livelihood, which is against Article 21 of the Constitution.

Enumerating the recent agitations — bandhs, rasta rokos and rail rokos — organised by various parties including the TRS and the TJAC, he urged the court to recover damages caused to public and private properties due to these bandhs and other agitations, from the political parties that inflicted them.

The bench directed the respondents to file their replies to the plea within two weeks

Friday, July 8, 2011

Dinesh posting challenged

By S A Ishaqui

Hyderabad, July 7 :

The controversy surrounding the appointment of the DGP refused to die down as another petition came up before the Central Administrative Tribunal on Thursday challenging the appointment of Mr V. Dinesh Reddy as the head of Police Force (HOPF).

The petition was filed in the Central Administrative Tribunal by the principal secretary to the home department, Mr P. Gautam Kumar.

It may be noted that the CAT had earlier quashed the appointment of Mr K. Aravinda Rao as DGP terming it as illegal on a petition also filed by Mr Gautam Kumar.

The CAT had directed the state government to send a panel of six senior officers to the Union Public Service Commission to enable it to prepare a panel for the selection of the new DGP.

Friday, June 24, 2011

AP High Court stalls GO on land to Sompeta

By S A Ishaqui
Hyderabad, June 23 : The AP High Court has suspended the operation of a GO issued by the state government that had set aside land for construction of a thermal power plant at Sompeta in Srikakulam district.

With this the Nagarjuna Construction Company (NCC) received another blow as the National Environment Appellate Authority had earlier quashed the environment clearance granted to the plant by the Centre.

Meanwhile on Thursday, the 567th day of the relay hunger strike launched against the power project, the villagers of the area and members of the Paryavarana Parirakshana Samiti rejoiced and welcomed the interim orders of the High Court.

The villagers claimed that it was a great victory for the people who had been agitating against the proposed power plant for many years.

The state government had alienated 972.69 acres of land, locally known as “Beela” land, to the NCC to set up a 2640 MW coal-based thermal power plant through a GO on September 15, 2008. It had claimed that the lands were waste lands.

While admitting a plea by local farmers, Justice Nooty Ramamohana Rao made it clear that as the GO was suspended, the land should not be used for other purposes.

The local farmers had been against the plant as they said that they would lose their livelihood if the plant was set up. During their agitation, two farmers had been killed in police firing on July 14, 2010.

Thursday, June 16, 2011

Rajus get 1week to give staff names

By S A Ishaqui
Hyderabad,June 15: Justice Ravishankar of the AP High Court on Wednesday directed the disgraced chairman of Satyam Computers, B. Ramalinga Raju, and his brother B. Rama Raju to provide within a week the names of the Satyam employees for cross-examination.

The judge was dealing with a petition filed by Raju brothers challenging the orders of the trial court which rejected their plea to direct the CBI to furnish certain documents pertaining to the Satyam scam. The CBI has been opposing the plea saying that the documents were irrelevant. Mr T. Niranjan Reddy, counsel for the CBI, said Ramalinga Raju and his brother are seeking the service details of 52,000 employees, furnishing of which was not an easy task.

Mr Nalin Kumar, counsel for Ramalinga Raju, told the court that certain employees deposed against his clients in the trial court charging the Rajus with allotting shares of the company in an unlawful form to certain individuals. He said that they want to cross examine them and for that they need certain documents The judge after hearing both the parties directed the Rajus to tell the court within a week as to who were the employees they wish to cross examine and also the details of the documents they were seeking. The Supreme Court earlier fixed July 31 as deadline for the trial court to complete the trial in the Satyam case. The trial court is moving ahead with the trial at a brisk pace. The CBI too has reduced its list of witnesses and completed the job of producing their versions before the trial court.

Wednesday, June 8, 2011

Jagan challenges petitions filed against him

By S A Ishaqui
Hyderabad,June 7: The Kadapa MP and YSR Congress president, Mr Y.S. Jagan Mohan Reddy, on Tuesday submitted before the Andhra Pradesh High Court that all the petitions filed against him are desperate attempts of politically motivated elements. He filed counter affidavits on petitions filed against him by the textile minister, Mr P. Shankar Rao, TD leaders and also Mr Sherwani, a practising advocate from Kadapa by urging the court to look at the fact that all the petitions were singularly targeted against him.

Mr Shankar Rao and TD leaders filed different petitions against Mr Jagan seeking a CBI probe into his wealth by misusing the official position of his father Dr Y.S. Rajasekhar Reddy when he was the Chief Minster. Mr Jagan told the court that the petitioners Mr Shankar Rao and the TD leaders were purposefully misleading the court over the role of enforcement directorate (ED) in the complaints against him. He said the ED was seized of the matter and the petitioners knew it and despite this they did not disclose that aspect before the court.

He contended that since it may influence the ongoing ED inquiry, he would not make any statement on that aspect and would confine himself to the issue of maintainability of these petitions. He argued in his affidavit that the petitioners alleged corruption took place during his father’s tenure as CM, but they did not point out who are the ministers, secretaries and other authorities who supported such an alleged corruption. By pointing out collective responsibility in a government, he said that the petitioners who kept quiet from 2004 to 2009, are now pointing their fingers towards his father who is not alive to answer their charges.

Mr Jagan further contended that while no action or decision of any authority was challenged, the writ petition against private persons was not maintainable. He submitted to the court that he has been doing business since 1999 when his father was not in power. Sandur power, Classic Realty, Jagathi Publications, owned by Mr Jagan also filed their counters in the case.

BC groups demand ABCD classification

A writ petition was filed in the AP High Court on Tuesday seeking a direction to implement classification of A, B, C and D groups in implementing reservations for Backward Classes, while conducting elections to panchayat raj bodies in the state in accordance with the recommendations of the Anantha Raman Commission. Mr U. Sambashiva Rao, a social activist and Mr U.V. Chakravarthi, president of AP Most Backward Classes Committee filed the petition.

They told the court that the Anantha Raman Commission recommended the classification of the Backward Classes into A, B, C and D groups, which was accepted by the government through GO Ms No. 1793 dated September 23, 1970 to provide reservations in educational institutions and employment. They said that the percentage was apportioned into 7 per cent, 10 per cent, 1 per cent and 7 per cent among four groups, for equal distribution of 25 per cent according to the population of the respective groups. They brought to the notice of the court that by suppressing the earlier GO, the government issued another GO in 2006 by providing 34 per cent reservation to Backward Classes in Gram Panchayat, Mandal Parishads and Zilla Parishads and territorial constituencies of the districts without classifying them into groups.

They contended that the rules providing 34 per cent reservation for BCs in the local bodies under AP Panchayat Raj Act, has to be implemented taking the classification into account as recommended by the Anantha Raman Commission. The petitioners urged the court grant stay on the election process of the local bodies till the classification of the reservations.

AP seeks time to adjudicate Alok plea

The state government on Tuesday sought time from the High Court to adjudicate a petition filed by it challenging the judgement of the Central Administrative Tribunal passed on the plea of senior IPS officer Mr Alok Srivastava. Mr Alok filed an application before the tribunals challenging the IPS pay rules and the method adopted to fix the pay. The tribunal clubbed the petition with another petition by Mr. P. Gautam Kumar, principal secretary to home department challenging the appointment of Mr. Aravinda Rao as the DGP and passed a common order.

Sunday, May 22, 2011

High Court turns down AP plea to lay claim on property

By S A Ishaqui
Hyderabad,May 21: A division Bench comprising Justices A. Gopal Reddy and P. Durga Prasad of the AP High Court has turned down the state government’s plea by ruling that the Co-operative Tenant Farming Society, Malkapur Limited was the absolute owner of 432 acres situated in Malapur village in Choutuppal mandal of Nalgonda district.

According to the society, the members of the society were occupants of 432 acres land as they had become pattedars after the abolition of jagirs in 1949. The revenue authorities, however, had been claiming that it was an evacuee property and they had issued proceedings under Section 19 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Aggrieved by the action of the revenue authorities, the society had approached the High Court in 1998 and a single judge had granted an order in favour of the society in 2000 by quashing the proceedings of the joint collector-cum-deputy custodian of the evacuee property. The joint collector had then filed an appeal against the order. The revenue authorities claimed that the land was an evacuee property as its original owner, Jagirdar Mirza Maqsood Ahmed Khan, had migrated to Pakistan.

However, the members of their predecessors-in-title had acquired titles to the property on abolition of jagirs. They contended that Mirza Maqsood Khan was not a jagirdar but a contractor in the erstwhile Nizam’s state and had left the country during partition. The authorities further contended that the society claimed that its members were the tenants of the original jagirdar even before the land in question being declared an evacuee property.

The revenue authorities argued that the members of the society had accepted it through their petition, dated July 14, 1960, that Mirza Maqsood Ahmed Khan was a pattedar and not a jagirdar and in the absence of any records to show that he was a jagirdar, they could not claim any tenancy rights. The authorities pointed out that none of the names of the members of the society were recorded as protected tenants or ordinary tenants in the records prepared under the Tenancy Act. The society, on the other hand, contended that they had bought the land through open auction conducted by the government by paying Rs 17,312 and produced the receipts of challans.

They said that the land was originally transferred to Tahelmal and Radha Bai on January 1, 1950 by the Regional Settlement Commissioner. After hearing the elaborate arguments of both sides, the Bench observed that “Once the property has ceased to be evacuee property it cannot be dealt with under the Central Act No. XXXI of 1950. The property, once it became part of the compensation pool after notification, would be dealt with under the provisions of the Act and any variation of any lease or allotment thereafter could only be made under Section 19 of the Act.”

Sunday, May 8, 2011

Hasan, Ahsan reveal Swiss connection

By S A Ishaqui
Hyderabad, May 7:Does Mr Ahsan Ali Syed, a Hyderabadi who bought the Racing Santander football club in Spain have close links with Mr Hasan Ali Khan who is in custody for stashing away large sums of money in Swiss banks?

According to the Australian media, Mr Syed and Mr Khan have the backing of the same Swiss bank.

Mr Khan has an account in the Union Bank of Switzerland which also funded Mr Syed’s buy over of the football club.

Mr Khan has told the ED that he has accounts in both Union Bank of Switzerland (UBS) and Credit Suisse and the Indian heads of both banks have been questioned by the ED.

According to reports in the Australian media, Credit Suisse has paid the victims of a Ponzi scheme that was floated by the Mr Khan.

A Ponzi scheme is a fraudulent investment operation that pays returns to separate investors, not from any actual profit earned by the organisation, but from their own money or money paid by subsequent investors.

Apart from the bank accounts, Mr Khan also confessed his contacts with Saudi arms dealer, Mr Adnan Khashoggi, and Mr Syed is also said to have met Mr Khashoggi in 2000.

Saturday, April 30, 2011

AP High Court says no to Maytas’ plea, flat owners happy

By S A Ishaqui
Hyderabad, April 29: The Andhra Pradesh High Court has struck a blow to Maytas Properties Ltd by turning down its plea to appoint an arbitrator to resolve the dispute between the company and its customers pertaining to Maytas Hill County.

The division bench of Justice Ghulam Mohammed and Justice K.G. Shankar, while dismissing a batch of writ petitions of the company, said the cases can be decided under the Consumer Protection Act.

Several customers who have purchased flats in the Maytas Hill County project approached the State Consumer Redressal Forum after the company failed to deliver possession of the flats as per the purchase agreement and got orders in their favour.

The company challenged the orders of the commission before the High Court contending that the commission has no jurisdiction to entertain complaints of the customers regarding non-delivery of flats in view of the Arbitration Clause in the construction agreement. According to the audit report submitted before the High Court, Maytas stopped construction activity in December 2008.

More than 550 flats were sold by the company.

14 lawyers to be elevated as judges

By S A Ishaqui
Hyderabad,April 30: First the time in the history of the AP High Court, the Collegium has decided to elevate 14 advocates of the Bar to be the judges of the High Court. So far, the Collegium has recommended 13 advocates of the Bar to become judges in 1999 when the TD was in power and the Centre had cleared 11 names out of it.

The Collegium consisting Chief Justice Nisar Ahmad Kakru, Justice B. Prakash Rao and Justice Ghulam Mohammed which had met at the Chief Justice Secretariat prepared a panel consisting 14 names to be sent to the Centre and to the Supreme Court to be appointed as judges.

Sources in the judiciary said that Mr A. Sudarshan Reddy, advocate-general, Mr K.G. Krishna Murthy, additional advocate-general, Mr Vinod Kumar Deshpande, public prosecutor, and advocates Mr C. Praveen Kumar Reddy, Mr M.S. Ramachandra Rao, Mr L. Prabhakar Reddy , Mr Fazal Yusufuddin, Mr Jalli Kankaiah, Mr Jonnalgadda Sudheer, Mr Posani Venkateswarlu, Mr Y. Ashok Raj, Mr Katikaneni Ramesh, Mr Vinod and Mr Venkat Rama Rao were selected to be elevated as judges.

Friday, April 29, 2011

MLCs seek CBI probe on Jagan

By S A Ishaqui
Hyderabad,April 28: The Congress MLCs, Mr K.R. Amos and Mr K. Yadav Reddy on Thursday approached the AP High Court seeking a direction to conduct a CBI probe against the former MP, Mr Y.S. Jagan Mohan Reddy, and his associates and associate companies.

The MLCs urged the court to investigate the colossal corruption coupled with abuse of power during the rule of the late chief minister Dr Y.S. Rajasekhar Reddy by his own son, Mr Jagan Mohan Reddy and others who allegedly amassed assets worth thousands of crores of rupees and expanded their business by not just defrauding the government, but also diluting the institution as a whole by flouting laws.

They also sought a probe against the Rajya Sabha MP, Mr K.V.P. Ramachandra Rao, and his relatives Raghuraj, Krishna Mohan and Mr N. Sunil Reddy, a close relative of Mr Jagan. The petitioners told the court that Mr Srinivasulu Naidu, founder of the Indira television, Mr Sajjala Diwakar Reddy, MD of the R.R. Global and his younger brother, Mr S. Ramakrishna Reddy and one Mr Muralidhar Reddy of Chennai were instrumental in causing a huge loss to the exchequer.

They prayed the court to conduct an investigation so that their role in the fraud could be established. They said that a small and defunct power company owned by YSR family attracted foreign investments, contrary to the laws applicable at that time, after he assumed charge as the Chief Minister of the state from tax heaven countries at a premium to promote four companies with this money. They told the court that the details of the modus operandi adopted by Mr Jagan are explained in the writ affidavit.

Thursday, April 28, 2011

AP tells HC that Centre returned elevation plea

By S A Ishaqui

Hyderabad, April 28 : The state government on Wednesday submitted before the AP High Court that the Centre has sent back the proposal of the former Chief Justice of the High Court for appointment of four advocates of the Bar as judges of the HC.

The advocate-general, Mr Sudershan Reddy, made this submission before a division bench comprising Justice V.V.S. Rao and Justice Vilas V. Afzulpurkar, which was hearing a petition filed challenging the action of the former Chief Justice in sending the panel without considering the merit. When the case came up for hearing on the last occasion, the judge asked the advocate-general to obtain the information from the government on whether it was still under consideration or not.

Mr Reddy said he had studied the correspondence between the Centre and the state with regard to the panel and the Centre sent it back it to the state. Mr Vasireddy Prabhunath, the petitioner and the practising advocate, asked the bench to direct the chief secretary to file an affidavit by stating that the panel was not considered for the appointment of judges. He said that he had filed a petition for seeking disclosure of the correspondence of the collegium of the High Court with regard to selection of names of the four advocates for the posts of the judges.
The bench posted the matter for orders on Thursday.

Tribunal says DGP post to Aravinda is unlawful


By S A Ishaqui

Hyderabad,April 27: The Hyderabad Bench of the Central Administrative Tribunal on Wednesday quashed the appointment of Mr K. Aravinda Rao as the state director-general of police by declaring that his appointment was illegal and in violation of Supreme Court directions in a previous (that of Mr Prakash Singh) case. The Bench permitted the state government to continue with Mr Rao as Head of the Police Force (HOPF) as an ad hoc arrangement in the Higher Administrative Grade (HAG) not in the Apex Scale, till the appointment of a new HOPF.

State to challenge CAT’s decision on DGP post

The state government has decided to challenge the ruling of the CAT nullifying the appointment of the DGP, Mr K. Aravinda Rao, before the AP High Court. The Bench ruled that Mr Aravinda Rao’s promotion to DG, not DGP (HOPF), was valid from September 1, 2010. Mr Rao was appointed as the HOPF on August 31, 2010, after Mr Girish Kumar retired. A two-member bench comprising Ms Bharati Ray and Mr R. Santhanam, while allowing a petition filed by principal secretary to the home department, Mr P. Gautam Kumar, challenging the appointment of Mr Rao, directed the state government to take up the process of appointment of the new DGP afresh and complete it before June 1.

Mr Kumar had contended that Mr Rao was ineligible for the post of DGP and several eligible DG-ranked officers had been ignored. The bench declared that the action of the state government in adding six DG-rank posts to its cadre on May 17, 2010, without there being sufficient vacancies was in violation of IPS cadre rules and quashed the promotions of the six officials including Mr Aravinda Rao's.

The state government had promoted Mr Aravinda Rao, Mr A. Siva Shankar, Mr Umesh Kumar, Mr V. Dinesh Reddy and Mr Alok Srivastava. The CAT, however, held that the promotion of Mr Siva Shankar was valid from May 18 and of Mr Umesh Kumar from June 16, 2010, since two vacancies were available as on these dates in the rank of DGP (HAG scale).

The CAT said that the promotions of Mr Aravinda Rao and Mr Alok Srivastava to DGP (HAG scale) were valid from September 1, 2010 and the promotion of Mr Dinesh Reddy was valid from November 1, 2010. Referring to the case of Mr M. Bhaskar, another senior IPS officer who was promoted to the DG rank later, the tribunal held that his promotion was invalid till date because there was no vacancy in the DG rank posts and he would have to wait for his turn.The CAT ruled that the promotion of another IPS officer, Mr M. Alagar, to DGP (HAG plus) was invalid and could not be cured even from a subsequent date because he had already retired from service.

The Bench observed that his pension and other retirement benefits would have to be reworked accordingly. Referring to the selection process, the CAT directed the state government to forward the dossiers of DG rank officers, Mr K.R. Nandan, Mr P. Gautam Kumar, Mr A. Siva Sankar, Mr Umesh Kumar, Mr K. Aravinda Rao and Mr Alok Srivastava, along with those who are on the central deputation to the Union Public Service Commission within two weeks from Wednesday.

The Bench also asked the UPSC to short-list them and prepare a three-member panel from this and sent it back to the state which should select one from it before June 9, 2011. The Bench observed that if Mr Aravinda Rao was selected in the process, then the service he had rendered so far as the DGP HOPF would be found valid from the date of his appointment as the DGP HOPF. Otherwise, it would be considered as a notional holding of the post without any monetary benefits. The previous case pertains to the former director-general of the Border Security Force, Mr Prakash Singh, who had filed a public interest litigation seeking reforms in the Indian Police system. The efforts of Mr Singh led to a landmark judgement of the SC that set guidelines for the selection of head of the police force of states in India.

Tuesday, April 26, 2011

Secret T-report in sealed cover

By S A Ishaqui
Hyderabad,April 25: On Monday, a division bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the AP High Court stayed the March 23 order to make public the secret Chapter 8 of the Justice Srikrishna Committee report. When the matter come up for hearing, Justice Kakru had a brief discussion with Justice Afzulpurkar and granted the interim stay and directed the Centre to submit the secret report to the registry in a sealed cover.

Mr Gandra Mohan Rao, representing the petitioner, Mr M. Narayana Reddy, a former MP, urged the bench not to grant any interim order without seeing the secret report. He pointed out that the Centre had anyway not made the chapter public. He said that the petitioner did not want to file a contempt petition on the Centre till the final outcome of the appeal. At this, Justice Kakru asked counsel: “Keep aside your case. If anyone goes to the Centre along with the judgement and applies for a copy of the secret note, what would be the say of the Centre?”

When the counsel did not reply, the Chief Justice said they have to know what is in the secret report to apply their mind in passing final orders. That is why they had granted the stay till final disposal of the case, Justice Kakru explained. Mr Vivek Tanka, additional solicitor-general, told the court that the secret chapter would be furnished to the registry within a couple of days.

Thursday, April 21, 2011

AP High Court : Probe all involved in Emaar deals

By S A Ishaqui

Hyderabad,April 20: The Andhra Pradesh High Court on Wednesday said that prima facie investigation has to be initiated against each and every person responsible for the fraudulent deals, if any, in the Emaar Properties matter.

A division bench comprising Justice V. Eswaraiah and Justice V. Suri Appa Rao, while dismissing the review petition of Emaar Properties Ltd PJSC, observed that the probe has to be conducted against every person involved in the deal, irrespective of position, to retain the public’s confidence in the impartial working of the Andhra Pradesh Industrial Infrastructure Corporation. It may be recalled that the High Court had taken up a letter sent by Dr P. Shankar Rao seeking a probe into the deal between Emaar and the APIIC.

Tuesday, April 19, 2011

Report sought on filling up of tank

By S A Ishaqui
Hyderabad,April 18: Justice L. Narasimha Reddy of the Andhra Pradesh High Court on Monday directed the secretary to the irrigation department to submit a report on the filling up of a tank at Bibinagar in Nalgonda district under the road widening programme by the National Highway Authority of India.
The judge was dealing with a petition filed by Suryavamsi Spinning Mills challenging the acquisition of its 7,688 square metre of land for the road widening between Hyderabad and Yadagirigutta.
The judge expressed dismay over the manner in which the authorities were dealing with the life of people in rural India. He pointed out how trees that were 100-years-old were mechanically chopped off.

HC upholds order to cancel exams

Justice K.C. Bhanu of the AP High Court on Monday upheld the action of the South Central Railway in cancelling the examination notification for promotion of assistant sub-inspectors in the Railway Protection Force. Mr T. Vijay Babu and four other constables, who had appeared for the selection pursuant to a notification issued in November 2009, challenged the action of the Railways.
The SCR had cancelled the selection process after the question paper was leaked. The authorities brought to the notice of the court that they conducted an in house inquiry and found enough proof of the question paper being leaked and therefore to ensure fairness, the examination was cancelled.

Notice to SBI over refusing job to man

Justice K.C. Bhanu of the High Court on Monday issued a notice to the State Bank of India (SBI), based on a petition challenging the action of the bank in refusing to recruit a person on the ground that he was suffering from Haemophilia. One Mr Banvat Sankar Naik filed the writ stating that he was selected for the post of clerk in April 2010. The authorities refused his job in December on the ground that he suffered from a blood disorder. The petitioner contended that the said disorder was not within the prescribed alarming level, and in any case it was not dangerous for him to carry out his clerical duties and as such the exclusion was discriminatory and arbitrary. The judge directed the bank authorities to respond to the plea within four weeks.

YSR kin challenge withdrawal of cops

Ms Sharmila, daughter of late Chief Minister, Dr Y.S. Rajasekhar Reddy, and her husband, Mr Anil Kumar, on Monday approached the High Court challenging the action of the authorities in withdrawing their personal security. The petitioners brought to the notice of the court that they were provided 1+1 security in 2004 in view of the threat perception. They said that the authorities withdrew their security from April 1 without any prior intimation to them. Ms Sharmila told the court since his brother Mr Y.S. Jagan Mohan Reddy resigned from the Congress, the ruling party in the state was systematically targeting their family members. She urged the court to restore their personal security.

Salarjung museum told to hold polls

The High Court on Monday directed the authorities of Salar Jung museum to conduct fresh selection to the post of museum’s director after duly considering the case of Ms J. Kedareswari, the keeper of the museum. A division bench comprising Justice Ghulam Mohammad and Justice K.G. Shankar while dismissing a writ appeal filed by the museum authorities granted the order.

Thursday, April 7, 2011

Case against Pothula Suresh quashed

By S A Ishaqui
Hyderabad, April 6 : The AP High Court on Wednesday quashed a murder case pending against Pothula Suresh, leader of the Reorganisation Committee (ROC), a breakaway outfit of the People’s War Group, and touted as the private army of the slain TD leader Paritala Ravi. He was accused in 15 cases and he got relief in one of these.

According to the prosecution, Suresh is the prime accused in killing of the sarpanch of the C.K. Palli village in Anantapur district.

The sessions court acquitted all the accused except Suresh in the case. The trial against Suresh could not be concluded ,as he was in hiding after committing the offence. Suresh was arrested in November 2010 at Surat in Gujarat. After his arrest the prosecution filed an application before the sessions court seeking commencement of trial against him.

He filed a petition seeking a direction to quash the proceedings against him contending that prosecutions and trails based on the same facts, which were already declared as baseless by the sessions court.

Balayya film crew gets relief

By S A Ishaqui

Hyderabad, April 6 : The principal chief conservator of forests (wild life), Mr Hitesh Malhotra, on Wednesday appeared before Justice C.V. Nagarjuna Reddy of the High Court in connection with a contempt case.
The judge summoned the official for not implementing the court order granted in favour of Sree Keerthi Combines, a film producing firm. The firm was making movie with Balakrishna as hero and it had decided to shoot some scenes in reserve forest at Visakhapatnam.

As the authorities refused to grant permission, the filmmakers approached the court and the court granted an interim order by directing them to deposit `5 lakh as security for restoration of the site to its original condition after shooting. The judge asked the official why was the shooting stopped abruptly though shooting was allowed for about 28 days. The judge granted two weeks to implement the court order.
By S A Ishaqui

Hyderabad,April 6 :The Andhra Pradesh High Court on Wednesday dismissed a petition filed requesting the court to direct the income tax authorities to take necessary action against Ushodaya enterprises owned by the media baron, Mr Ch Ramoji Rao, for tax evasion. Mr. M. Krishna Reddy, a resident of the city, filed the petition stating that the Income Tax authorities, who served a notice on the company asking it to pay Rs 200 crore as tax, have not yet taken any action against the company.

The petitioner said that he had recently represented to the officials of the income tax department seeking action against the company. Reacting to the submissions of the petitioner, the Chief Justice Nisar Ahmad Kakru, said, “As per the records, just a few days ago you have represented to the authorities. Give them some time to act. If they do not act even after two months, we grant you liberty to approach the court”.

Bharadwaj’s plea for anticipatory bail dismissed

By S A Ishaqui
Hyderabad,April 6: Justice B. Seshasayana Reddy of the AP High Court on Wednesday dismissed the anticipatory bail petition filed by Mr G.R. Sirish Bharadwaj the son-in-law of the PR chief, Mr Chiranjeevi. It may be mentioned that Ms Srija, Chiranjeevi’s daughter who is married to Bharadwaj for three years, had recently lodged a complaint against her husband for allegedly harassing her for dowry. Mr Bharadwaj approached the HC for anticipatory bail after a lower court rejected his plea for the same.

He contended that the allegations against him were baseless and levelling of charges against him was an abuse of provisions of law. Ms Srija had stated that she was being harassed ever since she effected the transfer of certain immovable properties from her name.

Friday, April 1, 2011

Ex-MLA gets cover to come to HC

By S A Ishaqui
Hyderabad,March 31: Justice L. Narasimha Reddy of the AP High Court on Thursday directed the Hyderabad city police commissioner to provide adequate protection to Mr Adusumulli Jayaprakash, former MLA of Krishna district to appear before the court on April 8 in connection with a contempt case.

It may be mentioned that the court earlier took suo motu cognisance of a complaint of Mr Jayaprakash to the Supreme Court and the Centre seeking action against Justice Narasimha Reddy in connection with certain observations of the judge on the Justice Srikrishna Commission. The court issued notices to him and two Telugu news channels to answer why the proceedings under the Contempt of Courts Act should not be initiated.

When the case came up for hearing on Thursday, Mr Satish Galla, appearing for Mr Jayaprakash told the court that his client filed an affidavit seeking to dispense with his presence in the case as he was not able to appear in person and was worried about his safety due to the surcharged atmosphere at Hyderabad and the High Court. The AG replied that if the Mr Jayaprakash makes an application the city police will provide him security. Elsewhere, the advocate-general has permitted two advocates to initiate proceeding under Contempt of Courts Act to prosecute Mr S. Chandra Mohan Reddy and three other TD leaders for allegedly making adverse remarks against a HC judge. After pronouncement of judgement by Justice L. Narasimha Reddy on Chapter 8 of the Justice Srikrishna Committee, the TD leaders conducted a press conference and made certain remarks against the judge. Mr A. Chandra Sekhar and Mr S. Sarath Kumar, advocates, sought the permission of the AG to move contempt case against the TD leaders.

Friday, March 25, 2011

12 TD workers get lifer for murder

By S A Ishaqui
Hyderabad,March 24: A division bench comprising Justice V. Eswaraiah and Justice V. Suri Appa Rao of the AP High Court has sentenced 12 accused to life imprisonment in the murder case of a Congress leader Mudi Parandhamireddy, from Nellore district. Parandhamireddy was killed by his opponents with sickles when he was settling a land dispute in a field in Mettu village of the district on March 25, 1992.

The police registered a case against Putchalaplpalli Naresh Reddy and 19 others who belong to Telugu Desam. However, the accused pleaded not guilty by contending that they never committed the offence and as on the date of offence they were not present in the village. As there was a big hue and cry about the killing, the government also ordered a CID probe to ascertain the facts on whether they were present in the village on the date of offence. The CID also said that it was not desirable for the government to consider deleting their names and recommended for continuation of trial in the case by the sessions court. However, the trial court acquitted the case.

The state government preferred an appeal. Mr Vinod Kumar Deshpande, public prosecutor, contended that there was specific over torts against the accused No. 1 to 12 for committing the crime and also the case cannot be acquitted on mere ground of lapses in the investigation. The bench found the accused guilty and awarded life imprisonment to all and six months imprisonment to K. Nagur Reddy, K. Dayakar Reddy and P. Srinivasulu Reddy in addition to the life for offence committed under Section 324 of the IPC.

Wednesday, March 16, 2011

AP High Court admits TD plea against Jagan


By S A Ishaqui
Hyderabad, March 15 : The AP High Court on Tuesday decided to hear a petition filed by the Telugu Desam against the assets of the former Kadapa MP, Mr Y.S. Jagan Mohan Reddy, along with another plea filed by the Congress MLA, Dr P. Shankar Rao, who sought a CBI probe on the same issue.

The court issued notices to the Centre, state, the CBI and Mr Jagan and his associate companies directing them to file counter affidavits on the plea of the TD.

Mr Shankar Rao’s petition is pending before a division bench comprising Justice V. Eswaraiah and Justice V. Suri Appa Rao of the HC. The TD petition was also listed before the same bench on Tuesday.

Mr Dammalapati Srinivas, counsel for the petitioners told the court that the TD leaders had represented the matter to the state, Centre, CBI and the Central Vigilance Commission on several occasions since February 2009 urging the authorities to initiate action against Mr Jagan under relevant provisions of law.

The judge asked him whether he filed those representations along with the petition. He replied that he had filed the acknowledgement.

The judge directed him to submit those representations to the court.

The bench directed the registry to post the petition along with Dr Shankar Rao’s petition for hearing on March 25.

HC confirms lifer to 9 for murder

A division bench comprising Justice V. Eswaraiah and Justice Suri Appa Rao of the High Court on Tuesday sentenced nine accused to life imprisonment for the murder of one Balagangi Reddy of Kadapa district.

The bench was allowing an appeal filed by the state government against the acquittal of the accused by a lower court in the district. Balagangi Reddy was killed on December 4, 1999, at his village Kodigandlapally of Muddanoor Mandal.

Police registered a case against 21 persons for killing him by using bombs and sickles. The additional district and sessions judge of Proddutur acquitted the case.

The bench felt that the acquittal was based on technical issues like delay in filing the FIR and others and it was not proper. The deceased was a sympathiser of the Congress.

The bench awarded life imprisonment to R. Tirupathi Reddy, R. Peda Venkat Reddy, R. China Bali Reddy, R. China Konda Reddy, R. Venkat Ram Reddy and four others.

The bench while conforming the lower court’s finding declared that the nine other accused were innocent. Three others died during the interregnum period.

HC stays order on Dravidian varsity

By S A Ishaqui
Hyderabad, March 15 :Justice R. Subhash Reddy of the AP High Court on Tuesday stayed the decision of the state government in cancelling the admissions made into PhD course in Dravidian University. It was made clear that degrees shall not be awarded.

The judge was dealing with two writ petitions filed by a large number of candidates. They said that the state government does not have the power to cancel the admissions.

It may be recalled that when there was hue and cry about the admissions made into PhD course, an inquiry was held and the government issued orders cancelling these controversial admissions. The writ petitioners were allowed to continue the course at their own risk by the judge now.

The respondents were asked to file counter affidavits.

Saturday, March 5, 2011

Attachment of Raju assets upheld

By S A Ishaqui

Hyderabad,March 4: A division bench comprising Justice Goda Raghuram and Justice R. Kantha Rao of the AP High Court on Friday upheld the attachment of the assets of the kin of the ex-Satyam boss Ramalinga Raju by the Enforcement Directorate under the Prevention of Money Laundering Act. The bench, while dismissing a batch of petitions filed by family members of Ramalinga Raju, upheld the validity of Sections 2(1)(u), 5(1), second proviso to Section 5, 8, 8(4), 23 of the Act.

The petitioners challenged these sections and urged the court to declare them as invalid stating that the Act came into force only in 2009 and cannot be used in connection with properties that were acquired beforehand. But the HC rejected this plea and said the Act would also apply to property acquired even before this provision came into force.

Nims told to pay TA to doctors
Justice Nooty Ramamohana Rao of the AP High Court on Friday directed the Nizams Institute of Medical Sciences to pay the travelling allowance and non-practicing allowance to its resident and senior resident doctors on par with its faculty. The judge was dealing with a petition filed by Dr N. Venkata Siva Ramakrishna and three others seeking allowances. Mr S.S Bhatt, counsel for Nims, contended that the petitioners had no right to seek the allowances since they were not faculty.

But the judge refused the contentions of the institution and was of prima facie view that the services rendered by the petitioners are similar to the faculty and employees of the institution.

Order in favour of society vacated
Justice R. Subhash Reddy of the High Court on Friday vacated an interim order granted in favour of Kesava Reddy Educational Society to conduct a mega merit scholarship test on March 6.

The judge, while dealing with two miscellaneous petitions filed by the ABVE and Andhra Pradesh Private Unaided Schools Management Association seeking vacation of the interim order which enabled the society to conduct the scholarship test.

Ex-Kadapa mayor’s gunmen restored
The High Court on Friday directed the Kadapa SP to restore gunmen to Mr. Ravindranath Reddy, the former mayor of Kadapa. Justice R. Subhash Reddy of the High Court was dealing with a petition filed by the former mayor challenging the action of the Kadapa SP in withdrawing his personal security guards on the ground of his alleged involvement in a kidnap case.

Mr C.V. Mohan Reddy, former advocate general, argued that the alleged victims in the kidnap case had appeared before the SHRC and deposed that they were not kidnapped at all.

HC orders status quo on bypass road
Justice L. Narasimha Reddy on Friday ordered status quo regarding the laying of a bypass road near Chilakaluripeta in Guntur district. The judge granted interim orders on a petition filed by Mr B. Srinivasa Rao and 20 other farmers, contending that a bypass road was being built unnecessarily though the existing four lane National Highway-5 was already being converted to six lane highway.

Cops told to bring kidnapped MPTC
The High Court on Friday directed the police authorities to produce V. China Venkata Subbanna, MPTC in Kadapa district, who was allegedly kidnapped and kept in a camp by one of the candidates contesting for the MLC elections. The court was dealing with a petition filed by V. Obulamma, wife of the Subbanna, stating that her husband was an MPTC of Dommara Nandyla of the district and he was kidnapped at the behest of the local Congress MLA, Mr C. Adinarayana Reddy.

Wednesday, March 2, 2011

AP response on salaries sought

By S A Ishaqui

Hyderabad,March 1: The AP High Court on Tuesday sought a response from the state government, based on a petition seeking a direction to declare the action of the state government in not deducting the salary of employees who participated in the non-cooperation movement from February 17, as illegal.

A division bench comprising Justice V. Eswaraiah and Justice V. Suri Appa Rao was dealing with the petition filed by one Mr C. Narayana, a resident of Anantapur, contending that the action of the employees was against to the AP Civil Service Conduct Rules.

Mr P.V. Krishnaiah, counsel for the petitioner, brought to the notice of the court that the entire administration in the state has come to a standstill and there was huge loss on the exchequer due to the non-cooperation movement of the employees.

He argued that it was the obligation of the state to follow “no work, no pay” principle during such a pen down strike and non-cooperation movement by the employees, besides initiating disciplinary action in terms of the Conduct Rules.

The bench issued a notice to the state government directing it to file a counter affidavit on the plea within three weeks.

Tuesday, March 1, 2011

HC nod to probe into Rosaiah case

By S A Ishaqui


Hyderabad,Feb. 28: The AP High Court on Monday ruled that the investigation into the case against the former chief minister, Mr K. Rosaiah, and 14 other persons in connection with a land deal may go on. Justice Raja Elango, while dealing with the petition filed by Mr Rosaiah and others seeking revision of an order passed by the principal senior civil judge for the SPE and ACB cases, directed the ACB to conduct the investigation and file a final report in the case.

The judge directed that the alleged accused should not be arrested till the completion of the investigation. The special court for Anti-Corruption Bureau cases on December 27, 2010, had directed the ACB director-general to register a case against Mr Rosaiah and 14 others in connection with a land deal.

Mr Mohanlal, an advocate, had filed a complaint before the ACB court stating that the government had violated rules in withdrawing 9.14 acres located near Mythrivanam at Ameerpet from the 'land acquisition' process. The complainant brought to the notice of the court that the government had earlier acquired the land and paid the compensation and the land was under the possession of the Hyderabad Metropolitan Development Authority.

But Mr Rosaiah, in the capacity of the CM, allowed the deletion of the land from the acquisition proceedings and passed orders by handing it to the owners. Mr Rao contended that the government has no power to withdraw from the land acquisition proceedings.

Saturday, February 26, 2011

Emaar, APIIC land deal is a big scam, says HC

By S A Ishaqui
Hyderabad,Feb. 25: In a significant observation, the Andhra Pradesh High Court on Friday said that the deal between Emaar Properties PJSC and the Andhra Pradesh Industrial Infrastructure Corporation was a huge scam and decided to adjudicate the matter in detail.

A division bench comprising Justice V. Eswaraiah and Justice V. Suri Appa Rao while taking up a petition based on the letter of Congress MLA, Dr P. Shankar Rao, directed the APIIC to produce the records of the deal before the court.

The bench directed that notices be issued to the sister companies of Emaar Properties, Emaar MGF Land, Emaar Hills Township, and Stylish Homes Real Estate Pvt Ltd, (one of the key players in the whole episode, owned by Mr Koneru Prasad popularly known as Dubai Prasad).

The high court bench granted two weeks to them to file their counter affidavits and posted the case to March 14.
..

Thursday, February 24, 2011

HC seeks report on AP law, order

By S A Ishaqui
Hyderabad,Feb. 23: A division Bench comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas V. Afzulpurkar of the AP High Court sought a report within two weeks from the state government on Wednesday on the law and order situation prevailing in the state.

The court was dealing with a public interest litigation filed by advocate Mr J. Narayana Swamy of Anantapur, who had asked the court to declare the inaction of the state government against the agitating leaders who were creating law and order problems in the state as illegal.

He brought to the High Court’s notice that since December 9, 2009, the fundamental rights of the citizens had been affected due to frequent bandhs, rasta rokos, dharnas and other unconstitutional activities.

Mr Swamy urged the court to direct the state government to invoke the National Security Act against the agitators. Responding to another petition filed by Mr C. Narayana, also from Anantapur, seeking a direction that political parities should not be allowed to call bandhs, the Bench issued notices to all political parties directing them to respond within two weeks.

The court had earlier admitted the petition and had issued notices to the state government, police and the political parties. Counsel for the home department, Mr K. Janakiram Reddy, told the Bench that a counter affidavit had already been filed in this regard.

Thursday, February 17, 2011

Emaar indulged in deception, APIIC tells court

By S A Ishaqui

Hyderabad, Feb. 16: The Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has informed the AP High Court that it has not received a single rupee in income from Emaar Properties.

The APIIC had filed a counter affidavit before the court pursuant to its direction on a letter sent to the High Court by the Congress MLA, Mr P. Shankar Rao, seeking a direction to probe into the deal between the Emaar Properties PJSC and the APIIC.

In its affidavit the APIIC said that it had been deceived by its private partner Emaar Properties, which violated the conditions of the agreement between them.

The corporation brought to the notice of the court that though it had entered into an agreement with Emaar PJSC, the latter also had clandestine agreements with Emaar MGF and Stylish Homes companies only with an intention to defraud the APIIC.

According to the affidavit, Emaar stood guarantee to Emaar MGF and was instrumental in granting a `150-crore loan on the lands allotted by the APIIC. It shows that none of these companies have got the capacity to execute the agreed project.

The APIIC said Emaar Properties, Emaar Holdings and Emaar Hills Township Pvt Ltd are sister-concern companies and all of them colluded to swindle the properties by deceiving the corporation.

Wednesday, February 16, 2011

Ramoji Rao told to appear in court

By S A Ishaqui

Hyderabad, Feb. 15: Justice Raja Elango of the AP High Court on Tuesday directed media baron Ch. Ramoji Rao to appear before the IVth additional chief metropolitan magistrate, Visakhapatnam, in connection with a criminal case pending against him.

The judge was dealing with a criminal petition filed by Mr Ramoji Rao challenging the order of a lower court which refused to dispense with his presence in the case and to permit him to be represented by his counsel.

Mr Vinod Kumar Deshpande, public prosecutor, brought to the notice of the court that a case was pending against Mr Ramoji Rao in the lower court. The police registered a case against him following a direction from the lower court on the complaint of Mr M.A.E.K.K. Varma on the charges of cheating.

According to the complainant, he gave his land on lease to Mr Ramoji Rao to house his newspaper, but Mr Rao, by suppressing the facts, had misrepresented to the authorities and tried to grab his property.

The judge while disposing the criminal petition directed Mr Rao to appear before the lower court on March 15 and also at the time of framing of the charges.

APIIC staffer told not to sell land

The AP High Court on Tuesday directed one Ms Rashmi Abhichandani, general manager (law) of the APIIC, not to alienate or create any third party interest on the land allotted to her by the APIIC at Jeedimetla in the city. The court was dealing with a petition by Mr P. Krishna Reddy, a practising advocate of the city challenging the allotment of a plot at a throwaway price by the APIIC to Ms Rashmi. The court issued notice to the APIIC and the general manager seeking their version on the petition.

Court stays CAT order against DGP

A division bench comprising Justice Ghulam Mohammed and Justice K.G. Shankar, on Tuesday granted a stay on the hearing of a petition challenging the appointment of Mr K. Aravinda Rao as the DGP by the Hyderabad Bench of the Central Administrative Tribunal till Monday.

The bench was hearing a petition filed by the state government challenging the orders of the CAT, which dismissed its plea seeking the adjournment of hearing.

The bench while granting an interim stay on the hearing, posted the matter to Friday for admission.

One week to pay minimum wages

The senior advocate from the Supreme Court, Mr Prashanth Bhushan, on Tuesday contended before Justice Nooty Ramamohana Rao of the High Court that the workers who are engaged under the Mahatma Gandhi National Rural Employment Guarantee Act (NREGS) are being cheated and paid less than the minimum wage. He was appearing on a contempt petition filed by one Mr Ajay Kumar representing the Vyavasaya Vruthidarula Union of Vishakhapatnam district. He said that any work extracted by paying less than minimum wage is bonded labour as declared by the Supreme Court.

Reacting to the arguments of the state and Central governments in this regard, the judge made it clear that the poor worker has to be paid minimum wages and the court was not bothered who is going to foot the bill.

The judge granted a week’s time to the state and the Centre to pay minimum wages to the workers.

Cops told to allow NDA rally in city

Justice R. Subhash Reddy on Tuesday directed the city police commissioner to allow a public meeting by the NDA parties at the Nizam College grounds on February 17. The judge while allowing a petition filed by Mr N. Ramachandra Rao, general secretary of the BJP state unit ruled that the meeting should not be commence before 3 pm.

The judge said the police are at liberty to regulate traffic, and entry and exits of the crowd at the ground on that day.