Aid To Minority Institutions Challenged
Hyderabad: A two-judge bench of the Telangana High Court appointed Vedula Srinivas as amicus curie in a batch of writ petitions challenging the government orders pertaining to the alleged promotion of minority religions such as Christianity. The bench comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar was dealing with a batch of writ pleas field by Dr Tripuraneni Hanuman Chowdary and others contending that the government had extended grant-in-aid for the promotion of religious purposes of Christianity inter alia for construction, repair, maintenance, improvement and renovation of institutions belonging to Christians. It was the case of the petitioner that such action of the government to promote particular minority religious institutions was violative of Part III of the Constitution of India. The bench upon considering the submissions and public interest involved, appointed an amicus curie to assist the court. The matter was posted to next week for further hearing.
A two-judge bench of the Telangana High Court issued notice in a writ appeal to a successful bidder who failed to deposit the contract amount of Rs 1.31 crore with Bharat Petroleum Corporation Limited (BPCL). The bench comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar was dealing with a writ appeal filed by BPCL. Earlier, a writ petition was filed by G. Venkatesh contending that at the time of auction he was 21 years old and not well-versed with the terms and conditions. He had no ability and competence to conduct business and mobilise the huge bid amount. Therefore, he was withdrawing from the offer and requested the respondents to refund the amount of Rs 14 lakh which was deposited at the time of bidding. Earlier, a single judge after considering judgments of the apex court referred to the re-auction that was conducted on account of the failure on the part of the writ petitioner to deposit the entire amount. The contention of the respondent was that they spent huge amount towards site inspection, advertisement and other requirement. “Certainly it cannot be Rs 14 lakh. According to this court the aforesaid amount of Rs 4 lakh is on higher side and the respondents cannot forfeit the aforesaid amount of Rs 14 lakh” and accordingly had directed the BPCL to return Rs 7 lakh to the petitioner within four weeks. In appeal, the BPCL contended that the order was in contrast to Section 74 of the Contract Act, which says, “When a contract has been broken, if a sum is named in the contract as the amount to be paid, in case of such breach or if the contract contains any other stipulation by way of penalty, the party complaining of breach is entitled, whether or not actual damage or loss to have been caused, to receive from the party who has broken the contract reasonable compensation not exceeding amount so named or, as the case may be, the penalty stipulated for.” The bench considering the submissions issued notice and posted the matter for further hearing.
HC dismisses writ on parkland at Chirag Ali Lane
A two-judge bench of the Telangana High Court ruled that summary jurisdiction of the court under Article 226 of the Constitution cannot be exercised for adjudication of disputed questions of fact including those relating to question of title. The bench comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar was dealing with a writ petition field by Dr Kishanprasad Tapadia and 20 others, residents of Maheshnagar Colony, Chirag Ali Lane. It was the case of the petitioners that an area admeasuring 1,100 square yards was earmarked as a park as per the layout made in March 1977. However, they alleged, one Mohd Ghousuddin encroached on a part of the land and sought a direction for its removal along with a direction to demolish the unauthorised construction. The respondents contended that Ghousuddin had sold the land admeasuring 300 sq. yds to private parties in 1984 and the identity of the plot was in dispute. It was also stated that Ghousuddin had filed a civil in suit in which an ex-parte decree for declaration of title and injunction in his favour had been granted. The court earlier considering that the petitioners had approached the competent authority, namely the commissioner of GHMC, with regard to their grievance and in the peculiar facts of the case directed the GHMC commissioner to conduct a survey to ascertain the area earmarked as park in the layout and whether the land purchased by private parties formed part of the land as earmarked in the layout. The bench after considering the report submitted by GHMC commissioner dismissed the writ petition with a liberty to the parties to approach the appropriate forum and work out their remedies there.
EO for Bhodan temple told to remove seal on gold shop
Justice N.V. Shravan Kumar of the Telangana High Court on Monday directed the of Hanuman Temple authorities at Bodhan to break the seal of a tenanted premises. The judge passed the order while dealing with a writ plea filed by Mandha Ravinder challenging the action of the endowments officer in seizing the shop at the Maruthi Mandir complex in Nizamabad which was under the continuous possession of the petitioner. According to the petitioner, he was running a gold and silver jewellery shop since 2009. It was constructed by the temple trust and later transferred to the endowments department. He was hospitalised and hence could not pay the rent. Except till June 2023, he said there was never any arrears. The petitioner complained that the action of the authorities was high-handed and that the outlet was his only source of income. Counsel for the petitioner argued that the procedure established by law was not followed and there was largescale violation. The petitioner contended that under the guise of collecting dues it was not open for the authorities to seal the shop and seize the material therein. He also complained that the action was without the authority of law, highly arbitrary and illegal.
HC directs revenue authorities to send seniors for survey training
Justice Pulla Karthik of the Telangana High Court on Monday granted interim direction to the Chief Commissioner of Land Administration (CCLA) and the district collector, Siddipet, to forthwith depute the petitioners for survey training to enable them to become eligible for promotion to the post of senior assistants, as per their seniority, eligibility and in accordance with rules. The judge made the interim order in a writ petition filed by Pullagurla Srinivas Reddy and another. It was the complaint of the petitioners that despite the probation of petitioners being declared and the petitioners having completed two years of service and passed all the requisite tests thereby becoming fully eligible for being deputed for survey training, no such deputation was made whereas their batch mates and others were deputed for the training. The petitioner would also contend that TALIM (Telangana Academy of Land Information and Management) had sent a reminder to depute the latest eligible candidates for training, but the respondents had not done so though they are fully eligible. The judge after considering the submissions and perusing the records issued notices to the Authorities and directed to forthwith depute the petitioners for survey training.