Hyderabad: Justice C. V. Bhaskar Reddy of the Telangana High Court on Saturday made clear that 15 per cent reservation for the Goud community in liquor shop allotments would be subject to three pending writ petitions. The judge directed the excise authorities to permit three applicants to participate in the ensuing excise licence lottery, even in the 15 per cent quota. The judge, issuing the interim order in three writ petitions, questioned the August 1 state government order that the allotments of shops shall be granted by draw of lots. It further cut the cake by reserving 30 per cent, including the 5 per cent for Scheduled Tribes and 10 per cent for Scheduled Castes, the judge said. Senior counsels appearing in the matter pointed out that this was a case of caste-based reservation and was contrary to the law. While one senior counsel pointed out that the policy was itself contrary to the Excise Act, senior counsel Vivek Reddy pointed out that the action and the impugned notification were unconstitutional.
Petitioner preference to be upheld, says HC over land acquisition
Justice N.V. Shravan Kumar of the Telangana High Court on Friday said the authorities must give preference to monetary disbursement if sought by petitioner, over a petition filed by Ahmed Memorial Educational Society. The petitioner questioned the government’s attempt to acquire land in Bandlaguda from the petitioner’s society, based on a consent notice, without the provision of monetary compensation for a nala-widening program. The petitioner’s counsel, E. Venkata Siddhartha, vehemently contended that the GHMC authorities lack the authority to compel and exert pressure upon the petitioner to relinquish the said land without proper monetary compensation. This contention is particularly relevant at a juncture when the petitioner is unwilling to surrender their land based solely on the consent notice, the counsel said. The judge said that as per the Fair Price Compensation Act, if the petitioner desired compensation, the authorities must give preference to the monetary disbursement. The matter has been adjourned to Monday.
HC dismisses PIL, reiterates principles of public interest
A two-judge bench of the Telangana High Court dismissed a PIL on the ground that the petitioner had no locus standi. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar reiterated various principles on the basis of which PILs can be entertained. The bench, dealing with a petition filed by Vankadavath Hanma Nayak, complained that beneficiaries of lands were not being given the entire land they are entitled to and a middleman was siphoning off small portions of the allotments. The bench found that the cause did not warrant the PIL channel and left it open to the beneficiaries to work out their remedies in accordance with the law.
HC allows GST PIL withdrawal
A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice T. Vinod Kumar permitted the withdrawal of a PIL seeking imposition of GST on Rapido aggregator service. Manjula Naresh, a consultant, filed an appeal before the court contending that she had used the said facility, and when was given a bill, she realised that there was no GST charged. The petitioner impleaded Roppen, the facility provider. However, the petitioner’s counsel sought leave to withdraw the petition. The bench, while permitting withdrawal, observed that a reading of the affidavit revealed that the petitioner had a private interest in the matter and therefore, the petitioner rightly sought withdrawal of the PIL.
HC stays allotment of Muslim graveyard
Justice B. Vijaysen Reddy of the Telangana High Court stayed all proceedings in connection with the allotment of 35 acres in Muthakal Village for a modern Muslim graveyard. The judge gave the interim order in a writ petition filed by public representatives of Muthakal village, including its sarpanch. According to the petitioners, undue haste was shown in the matter. The collector called for a report from the tahsildar and received the same on August 7, following which the collector wrote to the government on the same day. The allotment was also done on the same day. Senior counsel G. Vidya Sagar pointed out that they were only 157 families in the village and the entire Muslim population in the relevant area under the 2011 Census was 6,455 Muslims. He said there was also an existing functional burial ground. Under the said order, the government allotted 125 acres in different pockets under Shamirpet and Medchal mandals.
HC stays sentence over bank guarantee failure
A two-judge bench of the Telangana High Court suspended a sentence imposed under the Contempt of Courts Act against a person for not executing a bank guarantee. Earlier, in a civil dispute, the contemner, Perumalla Sammaiah, was directed to furnish a bank guarantee in a sum of Rs 1.75 lakh as against attachment of his suit property in Huzurabad. Having obtained a conditional favourable order when he failed to execute bank guarantee, the plaintiff, Bairi Rakesh Kumar, filed the present contempt against the contemnor. The single judge, while allowing the contempt case, said: “Therefore, again imposing a fine for violation of the orders of this court is not sufficient as the violation is wilful and he is negligent in obeying the orders of this court. Therefore, this court finds that it is just and reasonable to impose simple imprisonment for a period of 15 days and a fine of Rs.5,000/-.” The contemnor filed the statutory appeal and obtained a stay of execution of the sentence.
