Police In Warangal Acted Beyond Powers, Says High Court

Police acted beyond powers: HC

Justice T. Vinod Kumar of the Telangana High Court heavily came down on officials of the Kakatiya University police station for overreaching their statutory powers by conducting land surveys and coercing a settlement in a civil property dispute solely at the behest of a private respondent. The judge was hearing a writ plea filed by Syed Ibrahimul Haq and seven others, who contended that despite being in undisputed possession of agricultural land at Kumarpally revenue village, Hanamkonda district, the local police had been interfering with their property rights and liberty in collusion with private respondent Bathini Venu Gopal. The petitioners alleged that, based on a complaint lodged by the private respondent, police officials registered an FIR and arrayed the petitioners as accused without conducting a preliminary inquiry. It was the contention of the petitioners that the complaint was nothing but a disguised attempt to settle a civil land dispute by giving it a criminal colour. It is alleged that the police, instead of investigating the complaint as per procedure, began patrolling the petitioners’ land, summoning them repeatedly to the police station, detaining them for unofficial inquiries, and even carrying out unauthorised land surveys on their property using men and machinery. These actions, counsel for the petitioners S. Lakshmi Kanth argued, were meant to pressurise them into conceding or settling the land in favour of the private party. Justice Vinod Kumar observed that the police officials had gone far beyond their jurisdiction and powers contemplated under police laws. The judge noted that despite judicial pronouncements dating back to 2002 that police had no role in adjudicating or interfering in civil land disputes, police officials acted as if they had the authority to determine title and possession. The judge lamented that the conduct of the police was particularly egregious, given that the series of actions, including land surveying, was triggered solely on the strength of a private party’s allegations, with no legal backing or civil court directive. The judge took serious note of the fact that the commissioner of Warangal police failed to prevent or correct such overreach by his subordinates. The judge directed the government pleader for home to get instructions in the matter and posted for Monday for further hearing.

HC seeks state reply on land ceiling

A two-judge panel of the Telangana High Court ordered notices to the state in a public interest litigation (PIL) alleging failure to implement the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The panel comprising acting Chief Justice Sujoy Paul and Justice Renuka Yara treated a letter addressed to the court by Kanchari Brahmam, president of Singur Jalasadhana Committee, Alladurg, Medak, as a PIL. The letter pointed out that the primary objective of the Land Reforms Act was to prevent the concentration of agricultural land in the hands of a few, ensure its rightful use for food production, and curb monopolistic control over land ownership. It was alleged that several individuals were circumventing the law by floating companies to purchase land, thereby retaining large tracts under their control and defeating the very purpose of the ceiling imposed under the Act. It was pointed out that, taking advantage of the exemptions granted to companies under the Act, certain individuals are using this route to retain large land banks in their control. The panel directed the state, including its principal secretary(revenue) and law secretaries, to file their counters within four weeks.

HC grants bail in murder case

Justice J. Sreenivas Rao of the Telangana High Court granted conditional anticipatory bail to the BRS mandal convener in connection with a murder case arising out of an alleged group attack over political rivalry in Bhadrachalam. The judge was dealing with a criminal petition filed by Akoju Sunil Kumar. The case pertained to the alleged killing of Kanithi Satish, who was reportedly attacked by a group of men armed with knives and blades on June 7. While 14 others were named as direct assailants, the petitioner was alleged to have abetted the crime by meeting the accused prior to the incident. Senior counsel V. Raghunath, appearing for the petitioner, contended that he was falsely implicated for political reasons, had no criminal antecedents, and that no overt act was attributed to him. It was also argued that the offences under the SC/ST (Prevention of Atrocities) Act were not attracted in his case.

HC upholds OH category appointment

Justice Nagesh Bheemapaka of the Telangana High Court dismissed a writ plea filed by a woman candidate challenging the appointment of another candidate to the post of multi-purpose health assistant (female) under the orthopaedically handicapped (OH) category in the erstwhile Nalgonda district, now under Suryapet. The judge was dealing with a writ plea filed by V. Pushpa, who belongs to the Scheduled Caste community and the OH category. The petitioner contended that she was wrongly excluded from selection for the post notified dated March 21, 2017, despite being eligible and undergoing the requisite 18-month training. She argued that the selected candidate only completed an Intermediate vocational course and did not possess the mandatory 18-month training certificate. The judge noted that the petitioner was rejected for being a non-local candidate of Nalgonda district but was later considered as a local candidate of the erstwhile Nalgonda district following interim directions in an earlier writ petition. Even after the revised merit list, she was ranked at Serial No. 4 with 54.666 marks, while the selected candidate secured 72.191 marks and was ranked first. The selected candidate contended that she completed over two years of training in the course and was therefore eligible. The government pleader also confirmed that she met all the qualifications and was selected based on merit. The judge held that the selected candidate fulfilled the educational and training qualifications required under the guidelines issued on March 23, 2017, and had a certified 73 per cent physical disability. Observing that the petitioner lacked higher merit and the selected candidate was fully eligible, the judge found no merit in the petition.