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.