Rights and title of parties over property cannot be adjudicated: Telangana HC
Hyderabad: A two-judge panel of the Telangana High Court ruled that the rights and title of the parties over the subject property cannot be adjudicated in a proceeding under Article 226 of the Constitution of India in the context of a land dispute involving the management of Suryalaxmi degree college, two advocates, and the government concerning approximately 14 acres of land in Narayanpet town. The panel, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, was dealing with a writ plea filed by Venkat Ramulu and Nagu Rao Namaji, both advocates from Narayanpet, questioning the action of the education department authorities in not resuming the said land and handing it over to the principal of Narayanpet junior college as illegal. According to the petitioners, the management of Suryalaxmi degree college and others had obtained a fraudulent decree from the courts and had illegally occupied about 14 acres of land and went ahead with an illegal construction. A government high school was existing in Narayanpet, Mahabubnagar ditrict, before 1970. Some well-wishers and elders of the area wanted a government junior college towards which they requested the government to oblige. The authorities asked them to form a society and donate land and money to convert the high school into a junior college. The town elders floated Vidya Vardhak Samithi and purchased Ac.14.29 guntas of land in survey No.461 at Pallabuzurg of Narayanpet proper, through a registered sale deed, in the name of the government junior college, Narayanpet, from its lawful owner and possessor Raghunath Rao Antoo, s/o Manik Rao Antoo of Narayanpet, with the sole intention of getting a sanction for the junior college. It is this land that is the subject matter of the present litigation. It is further stated that the management of the degree college, of which the then MLA Chittem Narsi Reddy is secretary, attempted to start constructions over the part of the said land, which belongs to the junior college. Meanwhile, one Chaitanya Bharati Educational Society applied for permission to run a private degree college with Chittem Narsireddy as a patron of that society and it was running in a private premises. On a detailed hearing of various claims in the matter, the panel, speaking through Justice s Rao, pointed out that the records show that that possession of the land was handed over from Ram Mohan Reddy, correspondent of Surya Laxmi degree college, Narayanpet to the principal of Chittem Narsi Reddy memorial government degree college on July 19, 2018. The tahsildar of Narayanpet carried out the changes in the revenue records and renamed the land instead of Surya Laxmi degree college, to Sri Chittem Narsi Reddy memorial government degree college on September 18, 2021. Justice Sreenivas Rao pointed out that the latter name was recorded in the revenue records except in Dharani records and the same is pending before the chief commissioner of land administration, Hyderabad. He also said that the government authorities took possession in respect of Ac.8-13 guntas in July 2018. However, the PIL did not find favour in questions of fact in the manner, which reiterated its willingness to adjudicate questions of title in the writ petition.
HC to hear rejection of govt employee’s plea seeking retirement on medical grounds
The Telangana High Court will hear a writ plea regarding the rejection of a government employee’s request for retirement on medical grounds and her daughter’s plea for compassionate appointment. Justice B. Vijaysen Reddy took on file a writ plea filed by P. Padma, a 46-year-old employee suffering from hypertension, diabetes and paralysis of the upper and lower limbs, who has been on medical leave for over two and a half years. It is the case of the petitioner that she is permanently incapacitated for further service. The petitioner challenged the orders issued by the state SC development department and others, which rejected her request for medical invalidation retirement despite a report from the regional medical board at Osmania general hospital, Hyderabad. The report certified her as permanently incapacitated for service. The petitioner contended that this rejection was a violation of GO dated October 23, 2008, issued by GAD, which governs medical invalidation grounds for retirement. The petitioner also sought a direction to consider her daughter’s application for compassionate appointment and cited legal precedents laid down by the Telangana High Court that underscores the rights of family members for compassionate employment in similar circumstances. Counsel for the respondents sought additional time to file their response. Accordingly, the judge granted two weeks, scheduling the next hearing to January 10.
HC dismisses plea against unauthorised construction by realtor
Justice K. Lakshman of the Telangana High Court dismissed a writ petition against alleged unauthorised constructions by Fortune 5 realtors on a private property in Deshaipet revenue village, Warangal. The writ plea, filed by one Munugoti Sreelatha, sought a directive to the Greater Warangal Municipal Corporation (GWMC) to demolish the structures, which she claimed had come up without proper permissions on her land. Despite lodging complaints, she alleged that the municipal authorities failed to take any action to halt or remove the illegal constructions, which she said were still ongoing, causing her distress and infringing upon her property rights. During the hearing, the petitioner’s counsel placed on record a news report as evidence of the unauthorized construction. However, the judge rejected the contention and directed the petitioner to rely on admissible evidence. The judge further observed that disputes involving property ownership and encroachments typically fall under the jurisdiction of civil courts.
