Hyderabad: A two-judge bench of the Telangana High Court reiterated its inhibition to entertain or interdict the election process, following multiple dictas of the Supreme Court. Chief Justice Alok Aradhe and Justice N.V Shra-van Kumar dismissed a writ petition filed by Soundagar Gangaram, challenging action of the returning officer of accepting the nomination of Thota Lakshmi Kantha Rao. The petitioner said his objections on Rao’s social status were not considered. Jukkal, where the petitioner and the respondent are contesting, is reserved for the SC community. The petitioner said Rao had declared himself belon-ging to the BC-E group and simultaneously claimed to belong to the SC community.
Insurer liable even if vehicle stolen
Justice M. Lakshman ruled that an insurance company cannot refuse liability when an accident occurs or is caused by the rider of the stolen vehicle. New India Assurance Com-pany Limited, and ano-ther had challenged an award of the Motor Accidents Claims Tri-bunal granting Rs 6 lakh to the widow and children and parents of Sami Reddy, who was hit by a motorcycle.
The owner and the insurance company said the vehicle had been stolen two months earlier, and the accident occurred when the unknown offender was riding it. Justice Lakshman pointed out to the Motor Vehicles Act, said: “Even if the vehicle is stolen, the owner has continued to be the registered owner and it is his primary liability to pay the compensation since the third party is unconcerned with the theft of the vehicle. Similarly, the person who was riding the vehicle and the person who had stolen the vehicle, both are liable to pay the compensation jointly and severally along with the registered owner of the vehicle.”
Court junks Transco appeal
A two-judge bench of the Telangana High Court refused to entertain a writ appeal by TS Transco challenging an order requiring it to reconnect power supply to a consumer. Earlier, Sri Sai Baba Cellulose Pvt. Ltd had filed a writ stating that Transco had refused supply of power on the ground that the predecessor in title to the property had defaulted payment.
A single judge in January had allowed a writ petition and directed reconnection and supply of power. Transco challenged the order in the present appeal. The bench of Chief Justice Alok Aradhe and Justice N.V Shravan Kumar pointed out that the controversy does not warrant further adjudication since the apex court had declared that the failure of the predecessor cannot be fastened on the successor in title.
12 acre forest land back with govt
Justice G. Radha Rani allowed a civil appeal at the instance of the state government and set aside a decree of the Additional Senior Civil Judge (Fast Track Court), Mahbubnagar, declaring over 12 acres of land in Hanwada mandal as non-reserve forest land by a decree in appeal, in a suit filed by G. Geeta and another.
The civil court had earlier declared that the plaintiffs were the owners and possessors of the property.
The government in an appeal contended that the trial court had erred in placing reliance on the pahanies which were recorded wrongly, and failed to see the entries made in the revenue records which said the land stood vested with the government as a reserve forest. She relied on multiple judgments of the apex court and said that the civil court had erred in not considering a government notification that is over 30 years old.
