Hyderabad: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar on Thursday reserved orders in a PIL challenging the non-transfer of excise officers by the Election Commission of India (ECI). The PIL was filed by Bondili Nagadhar Singh, a retired government servant, challenging the non-transfer of excise officers by the ECI and exempting them from transfers. Counsel for the petitioner contended that there must be reasonable classification between the officers that are transferred and a reasonable nexus must be established by the ECI. Avinash Desai, senior counsel, appearing on behalf of the ECI said that the regulations were applicable across India and officers were transferred out of the parliamentary constitutes in consonance with the election code. He contended that excise officers might be involved but are not part of any core function in the election process, and there is a reasonable classification of officers who provide core functions outside the parliamentary constituencies. He also affirmed that the ECI must issue guidelines which are paramount to society and it might adversely affect the administrative machinery of the government. He said that an inter-departmental portal was established to seize alcohol, money and drugs by any of the officers, including that of the flying squad, and it would not make any difference merely because the excise officers were not transferred.
Microsoft quizzed on lake land
A two-judge panel of the Telangana High Court directed Microsoft India to explain its stance on the alleged encroachment of Tungakunta lake, Nandigam. A panel comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar was dealing with a PIL filed by Bandar Shakariah and 55 others contending that the state government was not taking any action in removing illegal encroachments and in safeguarding the lake. The petitioner alleged that the lake was being polluted by the nearby pharmaceutical companies, namely Natco Pharma. He also alleged that Microsoft was constructing a building by encroaching on the tank area which should not be permitted, and sought a stay. Chief Justice Aradhe speaking for the bench directed the petitioners to also come up with effective suggestions for avoiding encroachment and how the water can be protected from contamination to avoid adversarial litigation. The case has been adjourned to next week for further hearing.
Status quo over Asifabad land
Justice N.V. Shravan Kumar of Telangana High Court directed the state government officials to maintain status quo with regard to a parcel of land measuring over one acre in Penchikalpet mandal, Komaram Bheem Asifabad which authorities claim to be forest land. The judge directed that status quo will be maintained for six weeks. The judge was dealing with a writ petition filed by Eshcol Welfare Society challenging the action of the forest range officer and the tahsildar in interfering with the peaceful possession and enjoyment of the petitioner's property and trying to demolish the structure and compound. The petitioner constructed a building and open land surrounded by a compound wall admeasuring an acre and 10 guntas in Sy No. 69 situated at Muraligadda village of Penchikalpeta mandal of Komuram Bheem Asifabad district. The authorities contended that it was poramboku land and the petitioner was trying to construct a wall on it.
HC faults SCB on illegal buildings
Justice C.V. Bhasker Reddy of the Telangana High Court faulted the lethargy of the Secunderabad Cantonment Board (SCB) authorities for their failure to respond in a writ petition dealing with illegal constructions. The judge directed that the board will be liable to pay costs of Rs 25,000 to the Legal Services Authority if the counter is not filed before June 4. The judge was dealing with a writ petition filed by Konuganti Anitha complaining of the inaction of the SCB in verifying and taking action even after nine months of receipt of the first complaint given by the petitioner against the encroachments and illegal constructions at Sri Krishna’s KRP Towers, Thokatta village, Maruthinagar, Bowenpally, Hyderabad.
