Telangana HC: Arguments on BRS MLAs Inconclusive

Hyderabad: A two-panel bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao will continue to hear a batch of writ appeals filed by the state against an order passed to direct the Speaker of the Legislative Assembly to expedite decisions on the petitions of disqualification of MLAs. The writ pleas were filed by the BRS and the BJP who alleged that certain legislators defected to the Congress in violation of the anti-defection laws. The single judge held that the judicial review is applicable when there is undue delay by the Speaker in deciding disqualification cases, as outlined under the Tenth Schedule of the Constitution. The judge cited the Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly case, in which the Supreme Court directed the Speaker to decide disqualification cases within three months. These precedents support judicial oversight when a delay in the Speaker’s decision could affect legislative integrity.

Hakeempet land acquisition writ dismissed

Justice T. Vinod Kumar of the Telangana High Court dismissed a writ petition challenging the government’s right to utilise a land parcel in Hakeempet village, now part of Shaikpet Mandal in Hyderabad district. The judge was dealing with a writ plea filed by Somarapu Vidyasagar, seeking to prevent government authorities from developing a layout on approximately 1.20 acres of land, which he claimed as his own. The petitioner alleged that the authorities began the project without serving a notice or following due process as mandated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. It was also contended that this action violated his rights under the Constitution. The government pleader contended that the land in question is government-owned. According to their claim, approximately 52 guntas have already been transferred to the Hyderabad Metropolitan Development Authority (HMDA) for development. It was also noted that the petitioner’s ownership claim was based on an imam document, which was abolished and vested in the government in 1955. Additionally, a notice issued to the petitioner on June 8, 1982, under Section 7 of the Andhra Pradesh Encroachment Act was cited, contending that the petitioner was notified of his alleged encroachment. After hearing the parties at length, the judge noted that the petitioner failed to present any revenue records or evidence of ownership or possession. Consequently, the petition was dismissed, allowing the government to proceed with the development plans for the land.

Kamineni gets nod for more seats

Justice K. Lakshman of Telangana High Court allowed the writ plea of Kamineni Academy of Medical Sciences and Research Centre seeking to expand postgraduate seats without the essentiality certificate mandated for new medical institutions. The college had applied for an increase of seats in its postgraduate programmes i.e., seven seats in MD (general medicine) and one in MS (orthopaedics) — for the upcoming academic year of 2025-26. However, the state government, vide its letter dated October 10, 2024, denied this request, citing the lack of an essentiality certificate from the government as a reason for non-compliance. The petitioners argued that the government’s stance was arbitrary and counter to the NMC guidelines. As per the NMC’s guidelines issued on September 20, 2024, essentiality certificates are required only for establishing new institutions or new courses and not for expanding seats in existing courses. This discrepancy between state government policy and NMC guidelines formed the crux of the case. The respondent authorities argued that starting new courses or increasing seats in existing ones effectively carries the same regulatory requirements. The standing counsel for the respondent authorities suggested that additional government oversight, including essentiality certificates, ensures that colleges possess adequate infrastructure and faculty to support expanded enrolment. The standing counsel also pointed to prior instances where the government revoked permissions for non-compliant institutions. After hearing the parties, the judge observed that the NMC’s guidelines clearly specify that the essentiality certificate is only required for new institutions or new courses. Accordingly, the judge directed the respondent authorities to review the petitioner’s application for seat increase without demanding an essentiality certificate. The judge further directed the respondent authorities to issue the consent of affiliation by November 7, 2024, thereby allowing the college to move forward with its expanded seat plan for the next academic year.

Retd SI moves HC for retirement benefits

Justice Pulla Karthik of the Telangana High Court took on file a writ plea challenging the actions of the state and other authorities in not releasing retirement benefits of a retired sub inspector of police. The judge is hearing a writ plea filed by Mohd Mahmood, alleging that the respondent authorities are not releasing benefits under the Gratuity General Provident Fund, encashment of earned leaves for the last seven months without any justification or reasonable cause. The petitioner would allege that despite the authorisation of the Accountant General of Telangana and generation of cheques by the Pay and Accounts Officer, his retirement benefits are not released yet. The petitioner would contend that the actions of the respondent authorities are illegal, inhuman, cruel and in violation of the Constitution. After hearing the petitioner, the judge directed the Government Pleader appearing for the respondent authorities to get instructions and posted the matter for further hearing.