Hyderabad: Justice K. Lakshman of Telangana High Court directed the assistant director, survey and land records, Medchal Malkajgiri district, to survey a parcel of land of about 35 acres in Nizampet village. The survey will be conducted by the assistant director instead of the tahsildar after due notice to the Jawaharlal Nehru Journalists Society, and a rival claimant, D.B. Narender Babu. The collector shall supervise the survey.
On such survey, one acre and 15 guntas shall be handed over to the private individual and the land earmarked in favour of the society for purpose of house sites of 32 acres shall be with the society, Justice Lakshman said. The judge was dealing with multiple writ petitions filed by Narender Babu, who said he had purchased about one acre of land in a public auction held by the State Finance Corporation.
Of the land measuring about 71 acres, about 10 acres was allotted to Kakatiya Stone Crushers for quarry operations and 32 acres to the society. Claims and counter claims of land being occupied without authority of law came up for adjudication before the court. While the officials contended that earlier survey was conducted, Narender Babu contended that no such survey in accordance with law was done. In his 15-page verdict, Justice Lakshman directed a fresh survey to ensure that there was no encroachment on the land of the others.
HC overturns grant of land for garden
The Telangana High Court aside a government order allotting 10 guntas of land for the government's Palle Prakruthi Vanam in Chakalivanipalem village of Narayanapet district. Justice K. Lakshman allowed a writ petition filed by B. Ram Reddy and another person. In a judgment of far-reaching import, Justice Lakshman noted that grama kantham land traditionally is a dwelling area of the village represented by a part where there are no survey numbers. He pointed out that such land does not vest in the government. The petitioners complained that they were in possession of 1,200 square yards in a property known as Chintha Chettu Doddi adjacent to the government school. They said that due to local political differences, their representation was ignored and the land without inquiry was handed over for the Palle Prakruthi Vanam. They questioned the stance of the government that there was no government land to allot to the gram panchayat for the project. The government said it handed over the land after a survey by the authorities. After recording a finding that the land described as grama kantham does not vest in the government, Justice Lakshman declared that the action of the tahsildar was arbitrary, illegal and contrary to law. The judge also declared as illegal, the action of the mandal parishad development officer and panchayat secretary in taking possession of the land. The judge directed a re-inquiry into the representation of the petitioners. Only if there is balance land, it will be allotted for Palle Prakruthi Vanam.
HC strikes down seniority list of agri officers
A two-judge bench of the Telangana High Court comprising Justice T. Vinod Kumar and Justice Namavarapu Rajeswara Rao declared the preparation of seniority list of agricultural extension officer grade-II by treating the same as a zonal cadre post instead of district cadre post as illegal. The list was prepared for the purpose of sponsoring in-service candidates to undergo the BSc (Honours) (Agriculture) course. Twenty-four candidates were lined up on the basis of the zone of their work. Rayudu Durga Rao challenged the list and stated that he joined service in Khammam district and his seniority based on the district must be arrived at. He said that for the earlier academic years, the selection was on the basis of the district. A single judge of the court had vacated the interim order leading to the present appeal. The authorities contended that non-inclusion of the selected candidates in the list vitiated the writ petition. The court faulted the government for not correctly stating the basis on which it had prepared the list. The court found that the GO on the basis of which the list was prepared was "in clear contravention and overreaching the order of this court and is nothing short of contempt". The bench found that the earlier directions had contained a detailed scheme for organisation of local cadres. Under the zonal scheme, the bench also reasoned that those working in the district cadre in Khammam would be at a disadvantageous position and that the exercise undertaken was invalid. The bench speaking through Justice Vinod Kumar declared that the authorities were "only required to prepare seniority list on the basis of erstwhile nine districts and not on the basis of new districts created in 2016." The change of the post from district cadre to zonal cadre in the present case also didn't find favour with the bench. The bench allowed the appeal and directed the authorities to undertake preparation of a seniority list within a week by treating the post of AEO Gr-II as district cadre post.
