Hyderabad: A two-judge panel of the Telangana High Court on Wednesday refused to stay a single judge’s order, which directed Kaloji Narayana Rao University of Health Sciences to allow a medical student, who allegedly abetted suicide and other penal offences, to appear in the post-graduate degree (MD or MS) regular examinations in January 2025.
The two-judge bench, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, was dealing with a writ appeal filed by Kaloji Narayana Rao University of Health Sciences (KNRUHS).
Earlier, Dr M.A. Saiff Ali filed a writ petition challenging the action of authorities in not restoring and not marking the attendance of the petitioner under the guise of suspension order which was already set aside because of a shortage of requisite attendance by 13 days.
The single judge directed KNRUHS to permit the petitioner to appear in the PG examinations by marking attendance from February 20, 2023, to October 3, 2023.
The KNRUHS, however, appealed against the single judge’s verdict, contending that the single judge ought to have appreciated that the petitioner did not attend the classes. Therefore, he could not have been permitted to appear in the examination.
The university further contended that the single judge should have appreciated that the committee’s decision suspension could only be revoked by the KNRUHS vice-chancellor.
The bench observed that when the suspension order was set aside on the ground that the order was passed without complying with principles of natural justice and in violation of the regulations, a representation was addressed to the college seeking permission to attend the classes. However, the college did not allow him to attend the classes.
The bench, speaking through the Chief Justice, said the university as well as the college cannot be permitted to take advantage of the wrong committed by them.
It further observed that the single judge granted the liberty to the college to impart training to the petitioner, if it is so required. While modifying the order of a single judge, the bench made it clear that the petitioner would undergo such special training if required by either the university or the college and the participation of the writ petitioner in the examination shall be subject to him undergoing the special training which may be conducted by either the university or the college for him.
Don’t violate woman’s liberty, excise official told
Justice B. Vijaysen Reddy of Telangana High Court passed an interim order directing the station house officer of prohibition and excise station, Dhoolpet, against interfering with the personal liberty of a woman, who was alleged of committing offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), without following the due process of law.
The judge is dealing with a writ plea filed by K. Nithu Bai, wherein he contended that the respondents were harassing, threatening and searching the house of the petitioner by breaking the door lock without court warrant.
The petitioner alleged that she is falsely implicated in a case under the NDPS Act by the respondents, who are also directing the petitioner to surrender without following due process of law. The petitioner alleged that the respondents did not even issue a notice as per law and are harassing her without following due process of law. After hearing the counsel for the petitioner, the judge passed the interim order and posted the matter for further adjudication.
Plea against attachment of RP shares
Justice Moushumi Bhattacharya of Telangana High Court will decide a writ plea challenging the provisional attachment of redeemable preference shares (RPS) of an individual which are allegedly a part of proceeds of crime under the Prevention of Money Laundering Act, 2002.
The judge is hearing a writ plea filed by Adhiraj Parthasarathy, who contended that the provisional attachment of the RPS was illegal as the same were neither redeemed nor did KFin Technologies Private Limited, with whom the petitioner entered into with subscription agreement buy them back.
It is the case of the petitioner that the respondent authority cannot invoke subject provisional attachment order against the petitioner by attaching a non-assessing asset which would have been created on a later date upon redemption.
On the previous occasion, Justice Surepalli Nanda passed an interim order directing suspension of impugned order subject to the undertaking of the petitioner that he would not alienate, utilise or transfer the amount of redemption without permission of the court.
The petitioner in the latest filed an interim application seeking inter alia the permission to withdraw the undertaking of not to alienate and sought for suspension of the provisional order in its entirety.
Senior counsel Avinash Desai was arguing the interim application on behalf of the petitioner. After hearing, the senior counsel and standing counsel for the Enforcement Directorate, the judge posted the matter for final hearing of the writ plea.
Judge orders survey of petitioner’s land
Justice T. Vinod Kumar of Telangana High Court directed the Karimnagar district collector and other authorities to conduct a comprehensive survey to resolve conflicting claims on the allegations of land encroachment during a road widening project in Gangadhara mandal, Karimnagar district.
The judge was dealing with a writ plea filed by S. Lachi Reddy and S. Shivachandra Reddy, who contended that they are the owners of land at Uppara Maliyal village and alleged unauthorised possession of their land by authorities without following the due process.
The petitioners contended that the ongoing road widening project from Asif Nagar to Kurikyla Mandal disrupted their cultivation, thereby violating their rights under the Constitution.
The Government Pleader argued that the work involved resurfacing and expanding the existing road within the right of way and denied any encroachment.
The judge observed the need for a detailed survey to address the conflicting claims and directed the authorities to conduct the land survey by January 10-, with active participation from the petitioners, who were instructed to provide relevant sale deeds for boundary identification.
While disposing of the writ plea, the judge further said that if the survey confirms encroachment, the authorities must initiate land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act and pass orders in accordance with law.
