Telangana HC's Verdicts: Appointments, Desilting, Compensation, and More
Reassess Appointment of PSC Members, TS Told
Hyderabad: A two-judge bench of the Telangana High Court on Friday remanded a matter pertaining to the appointment of members of TS Public Service Commission (TSPSC). The bench, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was dealing with a PIL filed by Prof A. Vinayak Reddy questioning the appointment of Ramavath Dhan Singh and five others as members of the commission. He said that the government order appointing them was illegal as they did not fulfill the eligibility criteria under the TSPSC Regulations. The respondents contended the allegations were misplaced. The bench ruled that setting aside the entire order would not be appropriate, and said the appointment of the respondents would be subject to a fresh consideration by the state government.
HC allows desilting in River Manair
Chief Justice Ujjal Bhuyan and Justice N. Tukaramji of the Telangana High Court on Friday disposed a batch of writ petitions challenging the action of the government in not permitting the petitioners to carry out ‘desilting’ work in River Manair assigned to them as per an agreement. The bench was dealing with a batch of writ petitions filed by Sri Raja Rajeswari Constructions India Pvt. Ltd and others. They stated that as per the appendix of the Gazette there was no requirement for any environment clearance. It was also argued that certain original applications were pending before the National Green Tribunal (southern zone) and in a few OAs, an interim order of restraint was passed considering their contractual nature. The petitioners contended that they did not come under the ambit of that restraining order. Considering the submissions of the special government pleader Sanjeev Kumar, the bench directed the government to permit the petitioners to carry desilting activity for excavation of sand from submergence and upstream of the check dam in Manair River, as per the work orders and contract.
Petitioner told to pay PCB ₹30.25L
The Telangana High Court disposed of a writ petition challenging an impugned demand notice and subsequent attachment notices issued by the Ramchandrapuram tahsildar of Sangareddy district. A bench, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was dealing with a writ petition filed by Sri Sai Balaji Rock Sand Industries Pvt Ltd. The petitioner stated that the attachment notice was unwarranted and highly arbitrary. The T Pollution Control Boards (TSPCB) contended that the petitioner was supposed to pay an environmental compensation of ₹30,25,000, which he had defaulted on. As such, the attachment notice was valid. TSPCB counsel submitted that NGT-Chennai had passed an order levying penalty for violating provisions of the Air Prevention and Control of Pollution Act 1981. The bench after hearing both parties directed the petitioner to pay the amount to the TSPCB in six equal installments within six months after deducting the amount already paid. The bench ordered the respondents not to proceed with the impugned demand notice.
HC says, follow gratuity, pension rules
A two-judge bench of the Telangana High Court on Friday granted relief in a matter pertaining to the release of gratuity and family pension. The bench, comprising Justice T. Vinod Kumar and Justice Pulla Karthik, was dealing with a contempt plea filed by P. Suresh Reddy, former judicial member, Andhra Pradesh Administrative Tribunal. Senior counsel W.B. Srinivas, appearing for the petitioner, told the court of the non-compliance of orders passed by the court regarding gratuity and family pension and questioned the state of affairs of the Union and state governments. The bench, exhibiting its dissatisfaction over the non-compliance of its orders, directed the Andhra Pradesh and Telangana state governments to comply with the orders and file a compliance report by July 21.
Civic body to check school’s wall on road
Justice N.V. Shravan Kumar of the Telangana High Court directed the civic authorities to consider the representation of a petitioner within two weeks from the date of receipt of the order. The judge was dealing with a writ plea filed by L.V.S.V. Prasada Rao, a resident of Chandranagar, who said that Vivekananda Vidyaniketan High School had constructed a wall on a public road, which was obstructing traffic and the movement of people. The judge, after perusing the records, directed the authorities to consider the representation of the petitioner, and dispose it of within two weeks, and take action according to the law.
HC sets aside revenue order on plots
Justice K. Lakshman of the Telangana High Court set aside orders of the revenue authorities in maintaining records on claims of plots of land purchased through the Industrial Employees Cooperative Housing Board Society Limited at Patancheru. The petitioners, Narayanola Ram Reddy and another, bought the plots from the society, which had purchased about 69 acres from one C.D. Ramchander. The properties became a subject matter in multiple litigations in suits and appeals before the High Court. The conflicting interests of rival claimants led to the revenue authorities passing the order. The rival claimants as assignees of decree holders in a partition suit sought mutation in their names. Justice Lakshman referred to the earlier order of the court made at the instance of Meera Sinha that the representation for changing the revenue records "after giving notice to all the affected parties”. The judge faulted the revenue authorities for not considering the effect of the civil court decree and the conversion of land from agriculture to non-agriculture. The judge made it clear that as purchasers, the petitioners had a right to be heard more so in view of the fact that nature of land was converted to non-agricultural and sold as plots by the society. He set aside the orders of the revenue authorities. The judge disapproved of the limited net of inquiry by the Ameenpur tahsildar, Patancheru mandal, and directed that the issue be reconsidered.
