Lothukunta Land: HC Ready to Call Army to Take Custody of HYDRAA Chief, Officials If They Violate Court Directions

Hyderabad: The Telangana High Court on Thursday made it clear that it would be compelled to call the Army to take custody of the HYDRAA commissioner and its officials who having the full support of the state government continued to disrespect the majesty of the court and violate judicial directions.

Justice Jukanti Anil Kumar, hearing a petition on land in Lothkunta, observed that the court was very conscious that the armed forces were ordinarily not called upon in civil disputes, But, the court said, it had lost the faith in the government and its instrumentalities, because of the repeated allegations that HYDRAA officials had continued to violate judicial directions. The court remarked that it was anarchy on part of the state administration.

The court noted that the government had the option of approaching the Supreme Court on the High Court orders. The court even dictated orders but, based on a submission by the Advocate-General, postponed its orders to Friday when it will hear the matter again. The orders have been kept in abeyance in the meanwhile.

The court remarked that support from the state government could not authorise a senior IPS officer to enter private property in disregard of court orders. The court said that it gave several chances to the HYDRAA commissioner based on the assurances made by the Advocate-General and additional advocate-general (AAG). In spite of these, it seemed that the HYDRAA chief and its officers were not mending their conduct towards the judicial directions, the court observed.

Hence, it came to decision to call the Army, which could take custody of the HYDRAA chief and even the police personnel and vehicles used by them and put them in the barracks if they again violated judicial directions.

Justice Anil Kumar, making these observations, pulled up HYDRAA commissioner A.V. Ranganath while dealing contempt cases filed by Shantha Sriram Constructions alleging interference of the authority in its property of 40 acres forming part of Survey No.s 1 & 2 of Lothkunta, Malkajgiri mandal, Medchal Malkajgiri.

The firm has filed three contempt cases against HYDRAA on the same allegations. Two days ago, Ranganath had personally appeared before the court on allegations of violating the status quo orders prohibiting entry into the private property. Advocate-General A. Sudershan Reddy had then interceded on his behalf.

The contempt petitioner filed an interim application alleging that despite the assurance given before the court two days ago, HYDRAA officials with the help of the police had interfered with the land parcel.

After perusing the photographs submitted by the petitioners, Justice Anil Kumar expressed serious concern over the repeated violations by the HYDRAA and made grave observations against Ranganath. When AAG Imran Khan tried to contend on behalf of Ranganath, the court observed “Let him not act smart… with the court.” The court noted that Ranganath would not listen and used the word “audacity” to describe the alleged disrespect to judicial directions by the HYDRAA chief.

“In spite of the Advocate-General`s assurance that (HYDRAA) would not enter the land, he (Ranganath) enters the land with the help of the police force. He has full support of the state government,” the court observed. “How (does he have) the audacity to come (to the court) again,” the judge asked. “We have told you very specifically,” the court said that the government could move the Supreme Court with a special leave petition (SLP). “Whatever you want to do, you do. This is not fair on an IPS officer, a senior rank,” the court observed.

“Hence, we will ask the Army to take the custody of the contemnor and the staff of the HYDRAA, even police people and the vehicles if they again enter the land.”

The court said that it would write to the Union ministry of home affairs or defence and put the Army into action. The court directed the Registrar General of the High Court to speak to the Brigadier of Bison Brigade and inform the court if 10 members of the force would be made available to the court to assist the administration of justice and dictated the orders.

However, in the afternoon session, Advocate-General Sudershan Reddy said HYDRAA officials had not entered the disputed land in the last two days and sought time to submit an affidavit. The court then kept its directions in abeyance till Friday when the matter will be heard after the Advocate General submits the affidavit.