HC to hand over land papers to petitioner

Hyderabad: A two-judge bench of the Telangana High Court on Tuesday summoned the Ranga Reddy district collector and the Gandipet tahsildar to be present in court with the pattadar passbook of a citizen, in a contempt case. The bench comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji had listed the contempt case for closure. However, on hearing the matter, the court voiced dissatisfaction at the manner in which the revenue authorities had acted. The government pleader said that the relevant entries were made, but he was confronted with the records to the contrary by counsel for a private party. Earlier, revenue authorities had filed an appeal against the order of a single judge, which the bench dismissed. The government then filed an appeal by way of a special leave petition before the Supreme Court, which was also dismissed. On Tuesday, the bench of Chief Justice Bhuyan observed that the writ petitioners had succeeded in the apex court as early as in January 2021 but the government was still not prepared to give a citizen the pattadar passbook. “He won before the single judge, division bench (of the High Court) and the Supreme Court. Why should the citizen still be unsure,” the Chief Justice wondered. The bench directed the officials to be present with the original records and pattadar passbook so that it can be handed over to the petitioners.

Study circle students get place to stay

The state government on Tuesday held out an olive branch to students evicted from the Study Circle at Ranga Reddy district. It assured the High Court that the students would be housed in a new location with similar facilities. The undertaking was given in a writ petition that Justice N.V. Shravan Kumar was hearing, which alleged that students preparing for the TSPSC examination were sought to be evicted. The High Court during the vacation had granted the students interim protection. Based on Tuesday’s assurance, Justice N.V. Shravan Kumar closed the writ by requiring the students to vacate the premises. The students were permitted to use the facilities including the library and mess at the new premises.

HC clarifies on EPF tribunal powers

Justice K. Lakshman of the Telangana High Court on Tuesday set aside an order of the Employees Provident Fund appellate tribunal, by ruling that it had no power to change or waive damages imposed on a party. That power, the court ruled, was vested in the Central board of trustees. Two orders of the appellate authority, reducing the damages to 70 per cent in favour of Karan Woosing Ltd and Magna Quest, were challenged by the assistant Provident Fund commissioner. Setting aside the order reducing the damages levied by the Employees Provident Fund Organisation (EPFO), Justice Lakshman recorded that under the scheme, the seat of power was vested in the board of trustees. “It is relevant to note that when a statute prescribes a particular procedure to be followed, it must be followed in its strict sense.” Dealing with the powers of the appellate authority under the Act, the judge said: “Though EPF appellate tribunal has powers to confirm, modify or annul the order in appeal, in view of paragraph 32B of the scheme it cannot reduce or waive damages.” The judge also referred to a ruling of the apex court that any delay or default in the payment of EPF contribution by the employer is a sine qua non for the imposition of damages. The plea for “lesser damages” was raised by the erring company and was rejected by the assistant commissioner by a reasoned order. The judge accordingly allowed the writ petitions.