Symbiosis Dogs Case Transferred to SC

Hyderabad: A two-judge panel of the Telangana High Court refused to entertain a Public Interest Litigation alleging illegal trapping, removal and culling of community dogs from the Hyderabad campus of Symbiosis International University. The panel transferred the matter to the Apex Court. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin spiked a PIL filed by V. Rishihas Reddy alleging, inter alia, large-scale violations of the Animal Birth Control Rules, 2023, and the orders of the Supreme Court. The petitioner contended that the action of the campus administration in trapping, removing and culling around 40 community dogs from inside and outside the university premises was illegal and arbitrary. Counsel for the petitioner contended that the state authorities, i.e., the Department of Animal Husbandry failed to implement statutory rules of 2023 and in establishing an Animal Birth Control Centre in the district. He further contended that the authorities failed to follow the mandatory procedure prescribed under the Animal Birth Control Rules, 2023 while removing dogs from the university premises. It was alleged that the actions of the authorities amounted to cruelty, causing unnecessary suffering and violating various provisions of Prevention of Cruelty to Animals Act, 1960, and that such actions were carried out in complete disregard of binding directions issued by the Supreme Court. The panel observed that the Supreme Court is already seized of matters relating to community dogs and animal welfare and has issued specific and comprehensive directions on the subject. The panel, taking into consideration the directions of the Apex Court that any matter analogous to issues concerning dog stress or community dog management should be transferred to it, said it would not be appropriate for the High Court to adjudicate the issues raised in the petition. Accordingly, the panel declined to entertain the writ petition and transferred it to the Supreme Court.

Azampura sub-registrar invites wrath of HC

Justice K. Sarath of the Telangana High Court granted a final opportunity to the Stamps and Registration authorities to file their counter affidavit, cautioning that non-compliance would invite coercive directions while hearing a writ petition challenging the refusal of the Azampura sub-registrar to redraw and rewrite an old registered property document relating to land at Saroornagar, Hyderabad. The writ petition was filed by Manikyam Mallesh, who contended that the sub-registrar’s refusal to accede to his request to redraw and rewrite an old registered document was illegal, arbitrary and contrary to the provisions of the Indian Stamp Act and the Indian Registration Act. According to the petitioner, he had approached the sub-registrar’s office for correction of the document, but his request was rejected through an official memo without proper application of law or consideration of relevant facts. Counsel for the petitioner, Deepak Misra, stressed the repeated failure of the respondent authorities to file their counter affidavit despite several opportunities granted by the Court earlier. He argued that the authorities’ inaction was causing unnecessary delay in the adjudication of the writ petition and showed disregard for the Court’s directions. After hearing submissions from both sides, Justice Sarath granted three weeks’ time as a final opportunity to the Stamps and Registration authorities to file their counter affidavit. The judge made it clear that in the event of failure to comply by the next date of hearing, the respondents would be required to appear before the Court in person along with the complete record pertaining to the matter. The judge also directed the learned assistant government pleader for Stamps and Registration to ensure that the order is communicated to all relevant respondents and that the necessary action is taken well before the next hearing.

Writs against Enemy Property tag on land in Shamshabad

Justice Nagesh Bheemapaka of the Telangana High Court admitted a batch of writ petitions seeking a a declaration that the agricultural land situated in Kothwalguda village, Shamshabad Mandal, Ranga Reddy district, does not fall within the ambit of the Enemy Property Act. The judge was dealing with writ pleas filed by L. Devender Reddy and others. The petitioners contended that their predecessor lawfully acquired the land through a court auction in an execution proceeding, with a sale certificate issued in 1965 and possession delivered in 1966. The property was thereafter transferred by a registered sale deed to late L. Koti Reddy, who subsequently gifted it to the petitioners through registered gift deeds. It was argued that since the land was acquired through a court auction by a non-enemy national and has a clear and lawful chain of private ownership, the said notification and the Enemy Property Act have no application to the property in question. The petitioner further contended that in the alternative, a direction may be issued to the authorities to conduct an enquiry under the provisions of the Act and the same maybe concluded within a reasonable time. The judge, however, directed the Custodian of Enemy Property for India and other respondent authorities to file their response in the matter.