Hyderabad: A two-judge bench of the Telangana High Court dismissed a plea challenging vires of the rules for filing PIL cases.
The bench, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, was hearing a writ petition filed by Kada Kondala Rao, an advocate challenging the vires of Rule 7A, B (i) of writ proceedings rules 1977 as notified and published in AP Gazette in 2010.
The bench, hearing the submissions advanced by the standing counsel for the High Court, said that the writ petition was wholly misconceived.
The said rule states that (a) Every writ petition filed in public interest shall be heard by a bench of two judges; (b) In addition to and without derogating from the procedure prescribed in the other rules contained herein, every writ petition filed in public interest shall conform to the procedure prescribed hereunder: (i)
The affidavit filed in support of such petition shall contain an averment by way of a separate paragraph in the following terms: “I hereby affirm and state on oath that the petitioner(s) herein has/have no personal interest in the subject matter of this petition.
The petitioner(s) hereby undertake(s) to pay exemplary costs and/or compensatory damages as directed by this court in the event of a contrary finding upon adjudication by the court that the writ petition is filed for extraneous/personal considerations or with an oblique motive.”
The bench pointing out the ruling of the apex court, which upheld the said proviso, dismissed the petition.
Interstate transfer in veterinary dept challenged
A two-judge bench of the Telangana High Court took on file a writ plea challenging the action of the state government to effect interstate deputation to the post of veterinary assistant surgeon. Dr. Putta Sandhya and Dr. Sirasapali Shilpa, both working as veterinary assistant surgeons complained that the deputation of Dr. Y. Krishna Jyoti from Andhra Pradesh as assistant director VBRI, Hyderabad, vide an order of October 09 affected their promotion avenues.
It also affected the promotions of other veterinary assistant surgeons in Telangana, who hold the said post.
The bench, comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar, admitted the plea but refused to interdict the said order pending the appeal. Rejecting the interlocutory application, the bench opined that no case for grant of stay is made out.
Can’t interfere with decision to shift sub-registrar office: HC
The PIL bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar dismissed a PIL challenging the shifting of the office of the sub-registrar from Laxma Reddy Colony, Uppal, to new premises at Ramshankar Nagar.
The petitioner contended that upon receiving a representation it was proposed to shift the office, which was not in the interest of the general public. He also said that when amounts are to be paid as consideration, it will cause great inconvenience.
The court pointed out that the petitioner, who is an advocate himself, filed this petition with a view to helping the owner/builder of a property and the general public. However, neither the owner nor the builder is a party to the PIL.
The court ruled that the decision to shift the sub-registrar’s office is an administrative decision and cannot be interfered.
The bench, while dismissing the PIL, observed that no case was made out for any interference.
Illegal constructions: HC faults GHMC lethargy
Justice Vinod Kumar of the Telangana High Court faulted the GHMC for its alleged inaction and inordinate delay in disposing of the complaints against illegal constructions.
The judge was hearing a writ plea filed by MP Ramchander. He complained that the corporation had failed to consider his complaint and did not cancel the sanctioned plan or permission obtained fraudulently for the construction of a stilt for parking and two upper floors.
The judge pointed out that once a complaint is received by the civic body, it is required to be acted upon within a week as per the GHMC guidelines and such non-compliance is unwarranted. However, the judge granted two weeks’ time to GHMC to appraise the court on further steps to be taken.
Rectify sub-division numbers, HC tells land wing chief
Justice B. Vijaysen Reddy of the Telangana High Court on Wednesday directed the chief commissioner of land administration, Telangana, to consider an application for rectification of sub-division numbers as per the sale deeds and pahanis.
A writ plea was filed by KMS Constructions Pvt. ltd., contending that the commissioner was not acting upon the letter issued by the collector of Ranga Reddy.
The counsel for petitioner Mayur Mundra contended that before the introduction of the Dharani portal in 2020, the name of the petitioner was reflected in the revenue records.
However, the survey numbers of the lands held by the petitioner in Koheda Village, Ranga Reddy are being shown wrongly in the portal.
He further contended that third parties were taking undue advantage and trying to alienate the properties by creating third-party interest in his property.
Meanwhile, Justice Vijaysen directed the commissioner to consider his application within four weeks and issue appropriate orders. The matter has been adjourned to January for further hearing.
