Legal Briefs | Power of managers of apartment complexes come under judicial scrutiny

HYDERABAD: The Telangana High Court will hear an appeal on the powers vested with the manager of residential apartments with regard to disconnection of essential services for non-payment of dues. It pertains to the inaction of TSSPDCL to disconnect power to residents of Pride Residency at Hanuman Tekidi for alleged failure to pay contribution for laying new flooring in the complex parking lot. The panel, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, was dealing with a writ appeal filed by Pride Residency Welfare Association. The appellant filed a writ petition stating that there are 67 parking slots in the said building and it was decided to lay new flooring. The petitioner contended that every flat owner was required to pay Rs 34,000 as their contribution, but only nine flat owners had obliged. It is the case of the petitioner that because unofficial respondents are not coming forward to pay, other occupants of the building are suffering. The petitioner argued that the Telangana Apartments (Promotion of Construction & Ownership) Act, 1987 confers powers on the manager or board of managers of the association to take action in such matters and as services like electricity and power connection are provided by the TSSPDCL, the issue cannot be handled by the manager. Moreover, the state is not providing any enforcement agency due to which the petitioner is unable to take any action against unofficial respondents for their continued default. Per contra the respondents contended that the petitioner cannot seek direction to a statutory authority to act as per his directions and the claim of the petitioner to disconnect power to the respondent’s house is without any authority. The judge pointed out, “A reading of Section 21 of the Act, 1987 indicates the same to be a self-contained section conferring power on the manager to board of managers to cut-off, withhold, or in any manner curtail or reduce any essential supply or service enjoyed by an apartment owner. The necessary concomitant of such power conferred on them is in respect of supply or services, which are provided or being managed by the manager like provision of a lift, common area maintenance, lighting, water supply from the overhead tank, intercom facility, security service, gym, club house and swimming pool and does not take into its ambit the services, which are being provided directly by third parties like direct power supply to the house, Internet and telephone services, DTH service and the like.” The judge accordingly dismissed the writ petition as devoid of merit. The panel after perusing the records ordered notices and posted the matter for further adjudication

Transstroy director challenges look out circular

The Telangana High Court granted liberty to a person, against whom a LOC (look out circular) was opened, to move an appropriate application seeking permission to travel abroad despite a criminal case pending with the additional chief metropolitan magistrate, Nampally. The order was made while hearing a plea challenging the LOC issued against a director of Transstroy (India) Limited. Justice C.V. Bhasker Reddy was dealing with a writ plea filed by businessman Cherukuri Sridhar, who contended that the firm was incorporated with an object to carry out the business of engineering, procurement and construction (EPC). It is also contended that when the said company failed to discharge the loan liability, the account of the company was declared as Non-Performing Assets, which is alleged to have committed bank fraud to the tune of over `7,000 crore. A charge sheet was filed against the company and others and the same is pending for adjudication before the additional chief metropolitan magistrate, Nampally. The grievance of the petitioner is that, pending adjudication of the cases, an LOC was issued at the behest of Bank of Baroda thereby restraining him from travelling abroad. The petitioner challenged the legality of Clause 6(B)(xv) of Official Memorandum issued on February 22, 2021, by the Ministry of Home Affairs, which provides for guidelines for opening of LOCs by originating authority in respect of Indian citizens and foreigners. It further clarifies that opening of LOC must invariably be issued with the approval of an originating agency that shall be an officer not below the rank of chairman/MD/CEO of public sector banks. The petitioner inter alia sought for a direction to permit him to travel to the United States between October 1 and 16 to attend the marriage function of his niece. The judge, refusing to grant any relief in the interim application, posted the main petition for further adjudication.

Delay in bar enrollment under HC scanner

Justice B. Vijaysen Reddy of the Telangana High Court took on file a writ plea challenging the actions of the Bar Council of Telangana in withholding the enrollment of a lawyer. The judge was dealing with a writ plea filed by Vedula Kiranmayi, a student from Pendekanti Law College. The petitioner alleged that despite meeting all the requirements, her application submitted on August 20 remains unprocessed in accordance with the office order dated August 14. Counsel for the petitioner also contended that the enrollment process was earlier stayed by the Supreme Court due to revisions in the enrollment fee structure. It is the case of the petitioner that the authorities cannot sleep on the rights of persons who can start their practice only after being enrolled as members. However, since the stay was lifted and the process resumed on August 14, there has been an unexplained delay in enrolling eligible candidates. The judge questioned the standing counsel for the state Bar Council and Bar Council of India regarding the next enrollment date. The standing counsel sought additional time to get instructions and accordingly, the judge posted the matter for further adjudication.

Promotions in state police dept challenged

The Telangana High Court will hear a writ plea challenging the actions of the state home department and the DGP for alleged discrimination while promoting inspectors. Justice Pulla Karthik took on file a writ plea filed by ten inspectors alleging that they were not promoted to the post of deputy superintendent of police along with other inspectors during the panel year 2022-2023 as per the rule of reservation. The petitioners alleged that actions of the respondent authorities were illegal and in violation of the Constitution. The petitioners also rely upon the apex court judgement, sought a direction to the respondent authorities for promoting them with immediate effect with all consequential benefits. The judge after hearing the petitioners directed the government pleader to get instructions from the respondent authorities and posted the matter for further adjudication.

Cab driver accused in drug case enlarged on bail

Justice Juvvadi Sridevi of the Telangana High Court granted bail to a cab driver, who was in judicial custody for allegedly carrying 8.5 kg of the banned amphetamine in his car. The judge was dealing with a bail application filed by Ashagona Vinod Kumar, who was travelling in his cab along with the other accused. The petitioner contended that he was innocent and was not related to the alleged crime. Counsel for the petitioner also pointed out that the petitioner was in judicial custody for almost a month and was liable to be granted bail as most of the investigation in the case was completed. The additional public prosecutor opposed the bail application contending that specific allegations were levelled against the petitioner and that he may commit similar offences upon his release. The judge, considering the fact that investigation was almost complete, and the petitioner was not having any criminal antecedents, deemed that it was a fit case for grant of bail and accordingly granted conditional bail to the petitioner