HYDERABAD: The TS Human Rights Commission (TSHRC) yet again came up for critical judicial scrutiny. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar have in the last fortnight allowed multiple writ petitions complaining that the commission had been passing orders on various aspects of life without jurisdiction. The bench on Thursday allowed a writ petition filed by the TS Power Generation Corporation Ltd (TSGENCO). In the instance of one Macharla Santosh, the SHRC on November 2022 required Genco to regularise his service. Uma Devi, counsel for the petitioner, said that the SHRC had no powers to deal with service matters and the order was without jurisdiction. The bench made it clear that its order was not adjudication upon the claims of Santosh, and he could work out his remedies in accordance with the law.
Another writ petition stated that the SHRC had directed a supply of water to a house where civil disputes were pending. Owners of the property at PG Road, Secunderabad, and a builder had challenged an order of the SHRC made in March 2022 requiring them to restore the supply of water. The bench speaking through Chief Justice Alok Aradhe took note of the fact that the claim of the complainant was based on an unregistered agreement of sale and was the subject matter of a pending civil suit. Senior counsel P. Venugopal pointed out that the property did not have an occupancy certificate, and therefore the order of the SHRC was not only without jurisdiction but was also contrary to the law.
The bench set aside yet another SHRC order directing a company to pay wages and other service benefits, on a writ petition filed by Anirudh Agro Farms pvt ltd, which questioned the order of HRC made in November 2022. Employees of Priyadarshini Spinning Mills, a sick unit, had moved the commission complaining that the petitioner had purchased the company and was liable to pay gratuity benefits and other outstanding dues. They also sought the restoration of electricity to the labor quarters. The petitioner pointed out that the commission had acted outside its statutory power. It also pointed out that the petitioner had purchased only assets of the sick company and had not purchased the company itself. The bench allowed the writ petition and set aside the order of HRC.
Scan Ltd told to cooperate in the I-T inquiry
A two-judge bench of the Telangana High Court, comprising Justice Sam Koshy and Justice Laxminarayan Alishetty, directed Nimish Gadodia, director of Scan Energy and Power Ltd, to appear before the commissioner of central tax and cooperate for an inquiry. The bench was hearing a writ petition filed by the firm questioning a show cause notice issued on August 1. Senior counsel Vikram Poosarla pointed out that an official of the department reached the office of the petitioner with a summons and took away four officers of the petitioner and seized various documents. Dominic Fernandez, appearing for the department, said that the department had received an intelligence report that the petitioner had fraudulently availed of input tax credit and used fake invoices. It was brought to the notice of the court at the time of the hearing that the officer had since been arrested. The bench recorded the statement that Gadodia was willing to cooperate with the investigation.
AP Transco's power to levy tariffs on industry upheld
A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice T. Vinod Kumar, upheld the power of Transco to levy charges on participant companies of AP Gas Power Corporation and disposed of a batch of approximately 50 writ appeals and writ petitions. The appellants were companies that helped the constitution of the AP Gas Power Corporation, formed with the objective of setting up a natural gas power station. AP Transco, TS Transco, and various medium and large-scale companies invested in the company. They also helped set up the additional capacity of a fuel-based power generation station at Vijjeswaram in the West Godavari district. Transco issued revised bills demanding tariffs in respect of surplus energy consumed by the participating industries. A single judge partly allowed the writ petitions. Aggrieved by the order, upholding the power of AP Transco to levy tax, the present batch of writ petitions was filed. The bench pointed out that it was not the case of the participating industries that the demand made by Transco was contrary to the MoU between the parties. The bench pointed out to the failure of the single judge to take note of the relevant clauses of the MoU. The bench pointed out that the single judge erred in holding that there was no agreement for price fixation between the parties. The bench reiterated that AP Transco was entitled to charge the tariff and took note of the fact that notices had been issued. The participating industries shall be entitled to file objections, the bench said.
HC directs private parties to settle the issue in Civil Court
The Telangana High Court refused to exercise its public law jurisdiction and told the parties to sort out their differences at a civil court. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar dismissed a writ appeal filed by the Villa Owners Association of Kushal Serene questioning an order of a single judge at the instance of Kushal Constructions. Earlier Kushal Constructions filed a writ before the High Court against the inaction of the municipal corporation in taking any action on the complaint made by them for the removal of a shed on the footpath and in the road margin, which they had gifted to HMDA as per the building permission. The single judge directed the municipality to consider the complaint by giving notice to all parties and dispose of the same. The association challenged the order stating that they were not heard in the matter. Further, they said taht Kushal Construction had suppressed the fact about pending litigation before the civil court. The counsel for Kushal Construction said that they were not parties to the civil suit filed by the association and were not aware of it. The same directed Kushal Constructions to file an implead before the lower court and directed the lower court to pass an appropriate order within two weeks.
