Hyderabad:The Telangana High Court will continue hearing a writ plea filed by the residents of Samathanagar Colony challenging the inaction of Greater Hyderabad Municipal Corporation (GHMC) and other authorities with regard to illegal encroachment of a public road earmarked in the master plan by private developers and authorities. Justice K. Lakshman was dealing with a writ plea filed by the Samatha nagar Residents Welfare Association, highlighting grievances caused by the closure of a 60-foot-wide public road, which was revised to 100-foot-wide in the master plan approved by the GHMC in 2008. The association, established in 2000, represents 357 plot owners. According to the petitioners, the road served as a critical link between Addagutta colony and Nizampet crossroads on National Highway-9, ensuring connectivity for residents and nearby educational institutions. The petitioners alleged that Madhucon Projects Ltd., a private developer, with the support of municipal authorities, had constructed a compound wall blocking the public road and appropriated the space for private use as part of a multi-storey commercial project. The petitioners contended that this illegal occupation violates the revised master plan approved under GO dated April 3, 2008, which explicitly designates the area for public infrastructure. The petitioners further alleged that the underground sewer lines running through the disputed road were damaged during excavation, adding to the residents’ woes. Despite representations made to municipal authorities, no action has been taken to restore the road, leaving the residents with a single congested access route via Addagutta colony. The petitioners emphasised that the road’s closure has caused severe traffic issues and inconvenience to them, especially students attending nearby educational institutions. It also raises safety concerns due to the presence of high-tension electrical poles near the construction site. Citing provisions of the GHMC Act and the AP Urban Areas Development Act, the petitioners argued that the actions of the housing board and other respondents directly contravene building regulations, zoning laws, and public interest. Counsel for the respondents argued that the company and the Telangana housing board had entered into a development agreement for a multi-use project, including a commercial multiplex. The GHMC standing counsel sought additional time to gather instructions and file a response. The matter has been posted for further adjudication on Monday.
TG EAPCETB’s refusal to ratify 23 admissions challenged in HC
Justice T. Vinod Kumar of the Telangana High Court took on file a writ plea challenging the actions of the Telangana State Engineering, Agriculture, and Pharmacy Common Entrance Test Board (TG EAPCETB) in refusing to ratify admissions of 23 out-of-state students. The admissions in question pertain to B. Pharmacy and Pharma D courses at the Balaji Institute of Pharmaceutical Sciences, located in Laknepally village, Narsampet mandal in Warangal district, for the academic year 2024-25. The writ plea, filed by Balaji Educational Society, sought a directive to validate these admissions under the management quota for leftover seats. The petitioners contended that the students were eligible for admission as they had completed intermediate with BiPC subjects and had secured a minimum of 45% marks. However, the students had not appeared for TG EAPCETB, the state’s common entrance test, which the petitioners argued was not mandatory for management quota seats. The judge questioned the eligibility criteria for such admissions and referred to a Supreme Court judgment emphasising that even for management quota seats, candidates must participate in a common entrance examination and secure minimum qualifying marks. The apex court has previously ruled that while professional seats should not remain vacant, adherence to entrance examination requirements was mandatory for all candidates. Counsel for the petitioner placed on record guidelines issued by the Telangana Council for Higher Education regarding admissions, which state that if seats are left vacant, candidates without a rank in TG EAPCETB can seek admission. However, the judge wanted to know where it explicitly states that candidates do not need to appear for the exam. The counsel argued that everyone who appears for the exam receives a rank, and the guidelines imply that candidates do not need to write the exam. The counsel further stated that if a person is qualified to appear for the exam, they are considered an eligible candidate. In response, the judge inquired about the requirement of qualifying marks to pass TG EAPCETB. Counsel for the petitioner sought time to place the relevant documents on record. The matter is posted for further adjudication after a week.
Brothel case: Criminal proceedings against accused quashed
Justice Juvvadi Sridevi of the Telangana High Court quashed criminal proceedings against an accused involved in a brothel case owing to insufficient evidence. The judge was dealing with a criminal petition filed by Chinthala Bharath, who was charged with various offences under the Indian Penal Code (IPC) and the Immoral Traffic (Prevention) Act, 1956. The case came from a raid conducted by Jagadgirigutta police at a flat in Mahatma Gandhi nagar, Yellammabanda, where the co-accused was allegedly managing a brothel and the petitioner was accused of being a customer. The petitioner’s counsel argued that the woman involved was not trafficked but had willingly participated for financial reasons. He further contended that the allegations did not fulfil the requirements of the offences mentioned under the IPC and the Immoral Traffic (Prevention) Act. The additional public prosecutor argued that there were specific allegations against the petitioner and that a full trial was necessary to ascertain the truth. Upon examining the case, the judge noted that the victim had willingly engaged in prostitution and that no evidence existed to suggest that the petitioner had knowledge or reason to believe she was trafficked. The judge concluded that the allegations did not constitute offences under the cited sections of law and that continuing the proceedings would amount to an abuse of the legal process.
TGPSC accused of rendering sports quota GO useless
The Telangana High Court will hear a writ petition challenging the Telangana Public Service Commission’s (TGPSC) alleged misinterpretation of a GO dated August 09, 2012, which governs reservations for sportspersons in recruitment. Justice B. Vijaysen Reddy took on file a writ plea filed by Vagadhani Kalyani, an excise constable and a Form-II candidate under the sports quota, contending that her exclusion violated the government’s policy to encourage sportspersons. The petitioner alleged that the respondent’s action in not considering Form II candidates under notification issued for Group I recruitment despite non-availability of Form-I candidates was illegal, unfair and contrary to the very policy of the government to provide reservation to sports persons under GO dated August 9, 2012. The petitioner alleged that the TGPSC was misinterpreting the GO and rendering the policy of the government useless and unworkable. Counsel for the petitioner highlighted that the GO has been inconsistently applied in the past, seeking a direction to ensure its proper implementation. It was also stressed that the policy aims to create a distinct category for qualified sportspersons and should be enforced without undermining merit. The judge questioned the broader impact of such reservations, while the petitioner’s counsel responded by urging the court to uphold the GO’s intent. The government pleader sought time for further instructions and the matter was scheduled for continued hearing on Monday.
