HYDERABAD: A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice T. Vinod Kumar, on Monday directed the registrar of Kaloji Narayana Rao University of Health Sciences, to consider the application of a candidate seeking a seat in a medical college under the NRI quota though she did not belong to the category. Fatima Summaiya, the aspirant, said that when there are not enough candidates to fill the NRI quota, others who would be willing to pay the fee should be allotted a seat. In the absence of the rules providing for such space, the bench said it could not issue a mandamus. The bench granted three days’ time to the university.
Writ admitted against DRT
A bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar of the Telangana High Court admitted a writ plea complaining that the Debt Recovery Tribunal (DRT) was incapacitated in executing its decree. The plea was filed by Manidhari Metal Pvt Ltd, who had earlier approached the DRT to question the sale of the property at Bakaram, Hyderabad. The petitioner complained before the court that the DRT was not empowered to execute its order. The petitioner said that only in cases envisaged under Section 19 of the Sarfaesi Act, which deals with the right of the borrower to receive compensation, could the decree be executed. The petitioner also sought a declaration that sale by auction was illegal and in violation of the Sarfaesi Act. At one stage the High Court conditionally summoned the SBI regional manager to explain why possession of the secured assets was not taken, his negligence and for allowing the case to drag on.
Don’t arrest mother: HC
Justice Anupama Chakravarthy of the Telangana High Court stayed the arrest of a woman on humanitarian grounds that her two pre-adolescent children needed care and guardianship. The judge was dealing with a petition filed by Kalyani alias M. Mounika Reddy seeking to quash a criminal case lodged against her based on a suicide note of her late husband. The husband left behind a dying declaration stating that his wife was the cause of his death. The court wondered what would be the fate of the children if the mother was in jail. Justice Chakravarthy directed the petitioner to cooperate with the investigation.
IAS, IPS officers hearing on Sept. 4
A two-judge bench of the Telangana High Court, comprising Justice Abhinand Kumar Shavili and Justice J. Anil Kumar, will hear next Monday the matter related to the v and IPS officers on allotment to the Telugu states on bifurcation. The allotment of various persons, claims and choices has been a subject matter of long-drawn litigation. The present batch of cases includes DGP Anjani Kumar. Earlier, the case of the then Telangana chief secretary Somesh Kumar was considered; the official was transferred to Andhra Pradesh from where he retired. Gadi Praveen Kumar, the deputy solicitor general, on Monday mentioned before the bench that the matter was to be listed four weeks ago but was not. The bench directed the registry to list the matter on Monday.
Customs Act power under test
The scope of amnesty under the Customs Act, particularly on punitive action, will come up for adjudication on Tuesday. The bench of Justice P. Sam Koshy and Justice Laxmi Narayan Alishetty heard Dominic Fernandez, counsel for customs, inconclusively in a case relating to the confiscation of approximately 13 bags of gold in 2014 at the airport from one Sadaf Khan, an air hostess at that time. She elected not to file a statutory appeal with the customs authority and chose the alternative of redemption of gold by paying penalty and duty. When the designated authority, the chief commissioner of customs, central exercise and service tax, refused to compound the offence, she challenged the same before the High Court. The court opined that she must move the appellate tribunal. The appellate tribunal remanded the matter for fresh consideration to the chief commissioner. The department challenged this order as being without the authority of law.
