Telangana HC nixes plea to implead official

Update: 2024-12-25 06:20 GMT
Telangana High Court (DC File Photo)

Hyderabad: A two-judge panel of the Telangana High Court refused to entertain an application to implead Nirmal collector Abhilasha Abhinav in a contempt appeal. The panel comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao was dealing with a contempt appeal filed by Mohammed Musharraf Ali Faruqui, chairman and managing director, of Southern Power Distribution Company Limited (SPDCL), against an order of a single judge that held him guilty in the interim orders. A writ petition was filed by Syed Sakheer Ahmed and 14 others challenging inaction to disburse their salaries despite discharging their respective duties since the day of appointment in February 2022 at the Nirmal municipality without having any valid reason. The single judge directed verification of whether or not the writ petitioners had been discharging services as claimed by them, and whether or not their services had been terminated by passing orders, if any, and thereafter, to pay salaries to the petitioners if their services had not been terminated and they had been rendering services. The process was directed to be carried out within a period of three weeks from the date of receipt of a copy of the order. The single judge passed an order in the contempt case thereby directing the contemnor/appellant to undergo detention in civil prison for period of a month and a fine of `2,000. Senior counsel J. Prabhakar, appearing for the respondent, contended that the incumbent be impleaded as respondent in the appeals. The panel observed that the scope in contempt appeals was confined to examining whether the appellant has willfully disobeyed the order and if yes what punishment should be imposed. The present incumbent of the post was neither a necessary nor a proper party for the determination of these appeals. The panel refused to entertain the application. Liberty was granted to the petitioners/respondents to file a contempt petition against the present incumbent. The panel made it clear that the stay order in contempt appeal shall not preclude the writ petitioners from proceeding further with the contempt proceedings which may be initiated against the present incumbent.


Bajrang Dal yatra get nod

Justice B. Vijaysen Reddy of the Telangana High Court took on file a writ plea challenging the refusal of permission for the Bajrang Dal Shourya Yatra, scheduled for December 25. The judge was dealing with a writ petition filed by Palle Prabhu Kumar Goud. The petitioner alleged that the rejection of permission by the Sangareddy superintendent of police was arbitrary and unconstitutional. It was the petitioner’s case that the Bajrang Dal planned the yatra well in advance and secured prior permission from the authorities. The petitioner pointed out that no other religious processions were scheduled for the day. Despite this, the respondents raised objections, citing the yatra’s proximity to a church hosting a Christmas event attended by the Chief Minister. The petitioner argued that rescheduling the rally was not feasible due to the confirmed participation of the Bajrang Dal president, who was travelling from Delhi and had other engagements the following day. He contended that the yatra would not interfere with the Christmas celebrations, as both could coexist peacefully in a secular nation. The petitioner expressed willingness to modify the yatra’s route to address any concerns. The judge then remarked that secularism intended all persons to celebrate their festivals irrespective of their religion and allowed the petitioner to proceed with the yatra, subject to alteration of the route. The judge accordingly directed the petitioner to alter the yatra’s route and venue to avoid any disturbance near the church.

Contractor’s lease period extended

Justice K. Lakshman of the Telangana High Court extended the maintenance of the lease period for the indoor stadium at Kukatpally till March 2025. The judge heard a writ plea filed by Nav Nirman Associates. According to the petitioner, it was awarded the tender leading to an agreement for the maintenance of the Kukatpally Housing Board indoor stadium. The agreement was for a period of three years and was signed in June 2021. However, there was a three-month delay in handing over the stadium to the petitioner. The petitioner said that the action of the civic authorities in seeking to culminate the agreement in December 2024 was illegal. Accepting the agreement, Justice Lakshman calculated the delayed period of handover and said that the petitioner was entitled to be in possession till March 2025. The judge made clear that in accordance with the parent agreement, if the authorities called for a fresh tender, the petitioner would be entitled to the right of first refusal.

Society seeks fish seed

Justice N.V. Shravan Kumar of Telangana High Court took on file a writ plea complaining about the actions of the state fisheries department and other authorities in not supplying fish seed to the Fishermen Co-operative Society, despite granting fishery rights. The judge was dealing with a writ plea filed by the society, alleging that the respondents are not supplying fish seed to the petitioner society for undertaking pisciculture in Talab cheruvu situated at Tatiparthy despite granting fishery rights in June. The petitioner would contend that the actions of the respondent authorities were illegal and violative of the Constitution. Consequently, the petitioner was seeking a direction to the respondents to allow the petitioner society to undertake fishing operations/pisci culture in Talab cheruvu. After hearing counsel for the petitioner and on perusal of material record, the judge directed the government pleader to get instructions and posted the matter for further hearing.

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