Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court passed an interim order restraining police from acting upon any complaint registered against a retired Army officer under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, until further notice. The judge was hearing a writ petition filed by Arun Kumar Tyagi appearing as a party-in-person, seeking the appointment of a Special Investigation Team (SIT) to probe cases registered against him. The petitioner alleged that the Kushaiguda ACP and Jawaharnagar SHO failed to file an FIR and were deliberately delaying the investigation. He contended that false cases were being registered against him at the behest of an unofficial respondent who, despite multiple court orders, failed to appear before the court. The petitioner contended that the disputed land was legally purchased by him and that the ongoing cases were part of a coordinated effort to encroach on his property. He further argued that he was not present at the scene of the alleged offence on the date in question and provided evidence to substantiate his claim of being at home at the time. The petitioner also highlighted that he had been jailed twice previously without proper investigation or sufficient evidence. Emphasising the delay in the investigation, the petitioner stated that 70 days had passed since the case was registered, yet no progress had been made. He sought relief from the court, requesting a declaration that actions of authorities were arbitrary, illegal, and violative of his fundamental rights. He also sought the appointment of an SIT to investigate the pending cases with the Jawaharnagar police station. Additionally, he requested that directions be given to respondents to refrain from detaining him illegally and to ensure that investigations were conducted in his presence, utilising the evidence he provided to refute the allegations. The judge, noting the serious implications of false cases and improper investigations, granted interim relief by directing police not to act upon any cases registered against the petitioner under the SC/ST Act. The government pleader sought time to obtain instructions. Accordingly, the judge posted the matter for further adjudication.
Medchal road widening challenged
Justice T. Vinod Kumar of the Telangana High Court passed an interim order directing the Medchal Malkajgiri district collector, and other authorities involved in the road-widening project in Shamirpet village and mandal, to follow the due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 before acquiring lands. The judge was dealing with a writ plea filed by Majid Hussain Khan and three others challenging the alleged illegal acquisition of their lands. The petitioners argued that they were being dispossessed of their properties without any notice, compensation, or proper land acquisition proceedings as mandated by the Act. The petitioners further alleged that the authorities proposed to award compensation for a parcel of land to the Telangana Waqf Board without verifying ownership or adhering to legal protocols. The petitioners contended that these actions were arbitrary, violated the principles of natural justice, and infringed upon their constitutional rights. In response, the government pleader submitted that authorities had adhered to the required procedures and that the acquisition process was in compliance with the provisions of the Act. It was assured that in the event of any disputes regarding ownership or compensation, authorities would deposit the compensation amount with the relevant court or authority under Section 70 of the Act to ensure fair resolution. After hearing both sides, the judge directed authorities to strictly comply with the procedural requirements of the Act and posted the matter after four weeks for further hearing.
Stopping of borewell digging challenged
Justice Moushumi Bhattacharya of the Telangana High Court took on file a writ plea complaining illegal stoppage of digging of sanctioned borewell and demolition of a property in Picket Bazaar, Secunderabad by the Secunderabad Cantonment Board. The judge was dealing with a writ plea filed by Nandu Mandal, a goldsmith, challenging the alleged illegal actions of the respondent. It is the case of the petitioner that despite having a duly sanctioned permission and a legal structure constructed as per sanction plan, his property was demolished without any prior notice under the provisions of the Cantonments Act. The petitioner also alleged that the respondent was illegally refusing to issue building sanction plans and is seeking a direction to abstain the respondent from demolishing his property. The judge posted the matter for further adjudication.
Contingent services for pension: HC admits writ
The Telangana High Court will decide a writ plea challenging the actions of the state health medical and family Welfare department and others, in not counting the temporary/contingent service rendered by petitioners in the last grade posts from the date of their initial appointment. Justice Pulla Karthik took on file a writ plea filed by A. Bikshamaiah and seven others, who worked in different positions including the position of office subordinate, aaya etc., with authorities. Petitioners alleged that their temporary services between 1986 to 1988 to till the date of their regularisation in the last grade post in the department must be considered for the purpose of sanction of old pension/regular pension. Petitioners brought to the attention of the judge orders passed by the court in respect of similarly situated colleagues wherein such benefit was extended. The matter has been posted for further adjudication.
