Hyderabad: A two-judge bench of the Telangana High Court refused to direct the NCLT to deliver its verdict in a company petition before it, at the instance of Neeta Shrinivas Zanvar. The company petition was filed by Shrikant Gopilal Rathi and others, against Nagarjuna Agro Chemicals pvt. ltd., its directors and others complaining of oppression and mismanagement. Counsel for Zanvar, respondent in the company petition, pointed out that there was a statutory duty cast on the tribunal to pass a verdict within three months. She said that the Supreme Court had made it clear that a client can approach the High Court when there is a violation. The bench, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, pointed out that the tribunal had reserved its verdict after hearing the parties. Since it had also fixed a date for the hearing, the bench refused to exercise its extraordinary jurisdiction. It observed that the tribunal will follow the prescriptions of law.
GHMC asked to remove illegal structures in old Malkajgiri
Justice T. Vinod Kumar of the Telangana High Court directed the GHMC to remove unauthorised structures at Old Malkajgiri. The judge was dealing with a writ petition filed by Om Kumar and another, alleging that one V. Amarnath had illegally erected a wall ramp over the land of the petitioner bearing Municipal No 652 at Old Malkajgiri, near Ram Mandir, and that GHMC had failed to stop the unauthorised construction and remove the structure despite various representations being made by the petitioner. The judge, after considering the submissions, took an undertaking from the corporation that it would remove the wall ramp and directed the GHMC to act in accordance with the law.
Contempt against realtor: HC notice
A two-judge bench of the Telangana High Court ordered notice in a contempt case arising in a commercial appeal. The contempt case was filed by Mohd Abdul Nayeem Pasha against Noble Realtors. It is alleged that the realtor had proceeded to alienate properties contrary to the directions of the High Court. A division bench of the High Court had earlier by an order in commercial appeal directed the parties to maintain status quo. The properties included 2,050 sq. yds in Khairatabad and others, including 190 acres in Sangareddy and a factory premises in Nirmal. The commercial appeal in turn arose from a petition before the commercial court arising out of the Arbitration and Conciliation Act. According to the petitioner, though the High Court had directed the parties not to alienate the properties, the respondent company alienated the property in Khairatabad in September 2023 and thereby violated the orders of the High Court. The bench ordered a notice to the respondents.
HC orders appointment of temporary sarpanch
Justice B. Vijaysen Reddy directed the state government and Jangaon collector to appoint Burla Vishnu as temporary sarpanch until the posts of sarpanch and upa-sarpanch were filled, and ordered that all cheques signed by Vishnu shall be countersigned by the divisional panchayat raj officer. Dealing with a writ plea filed by Vishnu, Justice Vijaysen Reddy answered in the affirmative on whether the petitioner, who is the sole ward member of Sivunipally gram panchayat, Station Ghanpur can be appointed as temporary sarpanch in terms of Section 38(3) of the Telangana Panchayat Raj Act, 2018. The judge noted that none of the villagers, except the petitioner, was interested in contesting the post of sarpanch and 14 ward members, as they were agitating against the government for not undertaking development activities. No steps were taken by the authorities to conduct elections to the vacant posts. The collector appointed the divisional panchayat officer as special officer. Interpreting the law on the subject, Justice Vijaysen Reddy said: “It is clear from Section 38(3) of the Act that a ward member can be appointed as a temporary sarpanch to perform functions of a sarpanch” when the office is vacant. He held the contention of the government pleader unsustainable, that the gram panchayat would be deemed to be validly constituted only when elections are conducted.
