Legal Briefs | Telangana HC refuses to delete Arvind Kumar’s name in contempt case

HYDERABAD: Justice T. Madhavi Devi of the Telangana High Court dismissed an interlocutory application seeking deletion of the name of IAS officer Arvind Kumar in a contempt case pertaining to payment of revised pay scales to junior accounts officers. The judge took on file a contempt case filed by N. Sangeetha Madhuri and two others, alleging willful non-compliance of the order passed by the judge earlier. The judge had directed Arvind Kumar, then principal secretary of the municipal administration and urban development (MA&UD) department, and other authorities to pay the difference of the revised pay scales to the petitioners within 120 days, along with consequential benefits. The petitioner alleged that the respondent authorities failed to comply with the directions. The government pleader, appearing for the respondent authorities, apprised the judge of an application that was filed seeking deletion of the name of Arvind Kumar from the list of respondentsm, following his transfer from the department. The judge refused to consider the deletion and remarked that he was in authority at the time of the order and was hence liable to comply. The judge also remarked that if any party that was liable to comply with directions failed to do so, then such a person was a contemnor. Accordingly, the judge refused to delete Arvind Kumar’s name and directed the respondents to file a compliance report within two weeks.

Property tax notice: Petitioner asked to approach Bhongir municipality 

Justice T. Vinod Kumar of the Telangana High Court directed Mantena Laboratories to approach the commissioner of Bhongir municipality qua notice demanding property tax. The judge was dealing with a writ petition filed by Mantena Laboratories Limited. The petitioner prayed for setting aside a notice demanding property tax issued by Bhongir municipality. The notice demanded payment of `36,84,039 in property taxes, covering the period from 2012-13 to 2024-25, under the Telangana Municipalities Act, 2019. The petitioner contended that the demand notice violated the National Company Law Tribunal (NCLT) order, which prohibited tax collection during Corporate Insolvency Resolution Process (CIRP) proceedings. It was also contended that the objections of the petitioner about the issue were unanswered by the authorities. The judge, after hearing the parties, observed that the petitioner failed to avail the alternative remedy of filing an appeal under Sections 101 and 102 of the Telangana Municipalities Act, 2019, which provided for appeal or revision that can be filed by any person aggrieved by any tax fixed or assessed under this Act, through a revision petition before the commissioner within 60 days of the notice. The commissioner shall dispose of the revision petition within 30 days from the date of receipt of the revision petition, the judge said. Considering the same, the court directed the petitioners to pursue the available alternative remedy and disposed of the plea accordingly.

HC okays IVF treatment of aged couple

Justice B. Vijaysen Reddy of the Telangana High Court directed Hegde Health Care Private Limited to proceed with the in-vitro fertilisation (IVF) treatment of a couple in their 50s and 40s. The judge dealt with a writ petition filed by a couple challenging the respondent hospital's refusal to continue the IVF procedure despite collecting their embryo samples. The petitioners sought an order compelling the hospital to proceed with the treatment. The government pleader argued on the grounds of an age-limit on couples seeking IVF treatment. The judge noted that there was an absence of age-related restrictions for proceeding with IVF, thus, the petitioners were entitled to relief as prayed for. Accordingly, the judge directed the hospital to begin the procedure without delay.