Telangana HC stays criminal trespass case

Hyderabad: Justice G. Radha Radha of the Telangana High Court stayed a case of criminal trespass against an agriculturist of Moinabad mandal.

The petitioners, Bida Srisailam and others, moved the court complaining that a false case was filed against them by Moinabad police station based on the complaint of their neighbours who falsely accused the petitioners of entering the land which is in dispute between the petitioners and complainants.

The counsel argued that the petitioners are owners of land in Survey Number 335 of Kethireddypally village and obtained injunction orders. But police, in spite of being informed of the stay, registered a case of trespass when the accused entered into their own land.

He argued that unable to fight before the civil court, the complainant used the police to settle his case in his favour and forced the accused to sign on a blank paper to grab one acre land in S.No 335 and kept it in his possession illegally. The court, while observing that the case is a civil matter, granted a stay of all proceedings against FIR registered against petitioners.

Court orders insurer to pay commission to its agent

Justice M. Sudheer Kumar of the Telangana High Court directed the Life Insurance Corporation of India (LIC) to pay the entire commission on renewal premiums to an agent placed under suspension. 

The judge partly allowed a writ petition filed by Ch. Tilak, questioning the proceedings of LIC against the petitioner in June 2021. The petitioner was aggrieved by the insurer’s refusal to release commission to the petitioner on the renewal premiums received by LIC in respect of the policies enrolled by him as he was under suspension. The petitioner was suspended as a vigilance case was pending against him. An inquiry was ordered against the petitioner following certain allegations over the revival of certain lapsed policies. 

Dealing with the relevant regulations, Justice Sudheer Kumar said “There is no restriction on payment of commission on the renewal premiums during the period of suspension of the agency. Equally, there is no specific power conferred on any authority to withhold payment of commission on the renewal premiums during suspension of the agency.” 

“The commission that is payable to the petitioner on the renewal premiums received in respect of the policies that were enrolled by the petitioner is not a charity or bounty that is being extended to the petitioner. The said commission is the consideration for the business that was given by the petitioner to the respondent — LIC — over a period of time which definitely falls within the ambit of right to property as enshrined under the Article 300A of the Constitution of India” he added. 

Allowing the petition, the judge said “The petitioner has earned the right to receive such commission by the virtue of his services rendered to the respondent - LIC. In the absence of any regulation entitling the respondent - LIC — to withhold the payment of such commission to the petitioner during the period of suspension of the agency in question, any action on the part of the respondents in withholding payment of such commission on the ground of pendency of a vigilance case or on the ground of pendency of any disciplinary proceedings against the petitioner is bound to be declared as without any power or authority.

HC directs petitioner to move NGT

A two-judge bench of the Telangana High Court refused to exercise its extraordinary discretionary jurisdiction against the orders of the member secretary, Telangana State Pollution Control Board, passed under Section 31A of the Air (Prevention and Control of Pollution) Act. 

The bench comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar was dealing with a batch of writ pleas filed by  Archimedis Laboratories and other pharmaceutical companies, who were directed to deposit millions of rupees as fine towards environmental compensation.

It was contended by the petitioner that such action of TSPCB without giving any prior notice or conducting any inspection is illegal. Speaking for the bench, the Chief Justice said there is availability of an alternative efficacious remedy of filing an appeal to the National Green Tribunal under Section 31B of the Act. The bench disposing of the batch made it clear that liberty is reserved to the petitioners to take recourse to the remedy of appeal as prescribed under Section 31B of the Act.

Act against fake birth certificate case: HC 

Justice CV Bhaskar Reddy of the Telangana High Court directed the Badminton Association of India (BAI) and the Badminton Association of Telangana (BAT) to take appropriate disciplinary action in the fake birth certificate case. 

The judge was dealing with a writ plea filed by N. Deepshika complaining of banning her from the Yonex Sunrise 35th Sub Junior National Badminton Championships 2023 by the BAI and BAT without giving any opportunity for a hearing. Earlier, the judge granted an interim order permitting her to play in the tournament. 

Praanjala Nisarga, one of the qualifying players for the said tournaments, filed an implead petition when she was removed from the tournament on the basis of the interim order obtained by the writ petitioner. She contended that the birth certificate given by the petitioner making her eligible for under 17 tournament is false and fabricated. 

Mayur Mundra, a counsel for the implead petitioner, also pointed out that a letter issued by Suryapet Municipality, stating that no such birth certificate was issued to the writ petitioner and further contended that the father of the writ petitioner has sought amendment in the father’s name, mother’s name and child name by giving an application at Mee-Seva.

On the other hand, the counsel appearing on behalf of the badminton associations informed the court that a showcause notice was already issued to the  petitioner. Considering the submissions, the judge disposed of the writ petition by directing the associations to take appropriate action as per their disciplinary proceeding laws.