Telangana HC Declines to Hear Plea Against Temple in Attapur

Hyderabad: A two-judge bench of Telangana High Court refused to hear a writ appeal complaining against the management of the Seetha Ramachandra Swamy temple, Attapur village in Rangareddy mandal, until the appellant files an affidavit declaring that it had not encroached the temple land and how it had an interest in maintaining as framed. The bench took up for hearing a writ appeal filed by Shree Durgamata Alaya Seva Samithi challenging an order of a single judge dismissing its writ petition. Earlier, the appellant Samithi had complained to the court against the endowments department and temple executive officer for failure to take protective steps for the temple property and failure to construct its damaged/incomplete wall. The government pleader had argued before the single judge that it was the petitioner, who had damaged the temple property. A letter from the executive officer pointed out that the writ petitioner had encroached upon approximately 1,000 sq.yds of temple land. Aggrieved by the failure on the part of the single judge, the Samithi filed the present appeal. The bench refused to deal with the matter until the appellant cleared the decks on its credibility and adjourned the matter by a week.

Mediate and settle it, HC tells father and son in dispute

A two-judge bench of Telangana High Court, comprising Chief Justice Alok Aaradha and Justice N.V. Shravan Kumar, advised warring members of a family to subject themselves to mediation before Justice C. Kodanda Ram, a retired judge of the High Court. The bench was dealing with a writ appeal filed by T. Narender, his wife and two children, challenging the constitutional validity of Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, which states that “The Tribunal shall be presided over by an officer not below the rank of Sub-Divisional Officer of a State”. The petitioner inter alia also challenged a statutory order made by the maintenance tribunal cancelling a will executed by the first petitioner in favour of his wife and two children. It is the case of the petitioner that he is entitled to make the transfer and the act of the authority in cancelling the same was illegal. It is the case of the private respondent, father of the writ petitioner that he had gifted the shop in question to his son, who had failed to maintain him and therefore he had moved the statutory authority in accordance with the law. The bench was of the opinion that since the dispute was between the father and the son, it was best resolved by mediation.

HC tells police to go ahead with probe against cheat

Justice K. Surendar of the Telangana High Court vacated the stay granted to the police (central crime station) to investigate into an offence of cheating and criminal breach of trust. The judge closed the petition filed by Nithin Dasani seeking to quash an FIR lodged against him by Gopal Agarwal in a case of cheating involving 6,450 sq. yds and a sum of Rs 84 lakh. It is the case of the petitioner that he was only an agent of City Square, a real estate company, and that he had not received any money making him liable for the cheating charge. On the other hand, the complainant showed multiple receipts issued in the name of the accused. He also said that the modus operandi of promising the sale of land and making multiple sales was replicated by the accused in many cases. He also pointed out that the police on investigation had filed a charge sheet against two other accused. The judge took note of the fact and made it clear that the police could proceed with the investigation against the petitioner, who claims to be only an employee of City Square.    

HC not to interdict in Red Cross election process

A two-judge bench of the Telangana High refused to interdict the election process to the local branch of the Indian Red Cross. The bench, comprising Chief Justice Alok Aaradhe and Justice N.V. Shravan Kumar, was dealing with a writ appeal filed by Ravi Kiran Pulugam questioning the order of a single judge permitting the results of the impugned elections to be announced pending appeal. Earlier, he had filed a writ petition questioning the notification given by the district cooperative officer for conduct of elections to the Indian Red Cross society. Aggrieved by an August 18 order of a single judge refusing to stay the election process, the present writ appeal has been filed. The bench took cognizance of the fact that the elections were conducted on July 30 and by its impugned order the results were directed to be declared, the single judge’s order directing that the writ petition may be heard and it did not warrant staying the elections found favour in the division bench.

Street vendors at Uppal allowed to carry on business

Justice T. Vinod Kumar of the Telangana High Court permitted street vendors to carry on business according to the area stipulated on their ID cards. Pasupunuri Sarojana and other street vendors filed the writ petition challenging the order of GHMC in evicting the petitioners from the recognized vending areas-Uppal x road Hanamkonda bus stop, as per their identity cards. Counsel for the petitioners argued that the eviction was ordered without implementing the provisions of the Street Vendors Protection of Livelihood and Regulation of Street Vending Act 2014. The standing counsel for GHMC argued that the eviction orders were based on a letter addressed by traffic police complaining that the petitioners are entering into the red zone instead of the green zone as approved by the street vendor committee. He pointed out that there are three types of street vendors and the petitioners come under the mobile and static category. They obtained permission to carry on business only in the green zones but are encroaching on public roads which is causing huge traffic congestion. The court after hearing both parties directed the petitioners to restrict themselves to the areas specified in their permission.

HC dismisses two pleas on an asst. director’s appointment

A two-judge bench of Telangana High Court dismissed two writ appeals pertaining to the selection of assistant director in the National Institute of Plant Management (NIPM). Based on a notification issued in 2016, one Dr. Edpuganti Sree Latha was appointed to the said post. The said appointment was successfully challenged by Neelam Lavanya, who contended that the selections were held contrary to the notification. It is contended that while the notification was provided for the written test, interview and powerpoint presentation, no were placed before the process. Subsequently, 40% marks were earmarked for bio-data and aspects such as qualification. The single judge of the court had set aside the selected candidates and also refused to grant relief of appointing the petitioner. Thus, both the aspirant and the successful candidate came up in appeal. The bench pointed out that the order of the single judge was a well-considered order and did not require interference in an intra-court appeal.