Telangana HC Seeks Report on Construction on Drain

Hyderabad: Justice Vijaysen Reddy of the Telangana High Court has directed the Kothakota municipal commissioner to implement a speaking order issued on March 10, and submit a compliance report in connection with allegations of illegal construction on public land. The judge was dealing with a writ petition filed by Kaderi Ram Mohan Reddy, who accused K. Ranga Reddy of encroaching upon a public pathway and a concrete drainage line by constructing a structure on the northern side of a private property in Vidyanagar Colony, Kothakota mandal of Wanaparthy district. The petitioner informed the court that the CC drain, constructed using gram panchayat funds, was crucial for sewage management in the locality and that the unauthorised construction had led to the blockage of the drainage line, resulting in sewage overflow, foul odour, and a serious threat to public health and safety. He alleged that despite multiple panchnamas confirming the encroachment and repeated complaints, municipal and revenue authorities had failed to act, even in the face of earlier High Court directions and a government memo issued on December 8, 2022, mandating action against illegal constructions. The petitioner sought a declaration of the land as government property, demolition of the illegal structure, formation of a district task force to enforce building regulations under the Telangana Municipalities Act, 2019, and police protection during the demolition. Taking note of these concerns, the court directed the municipal commissioner to expedite enforcement and file a compliance report before the next hearing.

Seizure of granite slabs, vehicle under HC lens

A two judge panel of the Telangana High Court comprising Justice Nagesh Bheemapaka and Justice Laxmi Narayana Alishetty took on file a writ plea alleging high-handed action of GST authorities for their continued detention of a consignment of polished granite slabs and its carrier vehicle, despite compliance with legal requirements and an earlier court order. The petitioner, K. Srikanth Chowdary, moved the court challenging the action of the deputy state tax officer, Nizamabad division, in detaining his vehicle and granite consignment. Allegedly, the detention was affected despite the consignment being accompanied by a valid e-way bill and tax invoice as mandated under the GST Rules. The petitioner argued that the registration of the consignor was only suspended subsequently, and this could not retroactively invalidate the consignment. Despite an earlier High Court direction, the department failed to dispose of his representation or release the goods. It was argued that the department’s action in issuing a revised confiscation notice, without a proper Document Identification Number (DIN) and without following procedures under the law was high-handed and violative of the Constitution. Taking note of the petitioner’s submissions, the court, by way of an interim order, permitted the petitioner to unload the goods at the seized location and take back the vehicle. It directed that the supplier may take necessary legal steps for release of the goods, and made it clear that it is the responsibility of the department to ensure no damage or loss is caused to it during this period.

Association challenges Nirmal power tender

Justice Nagesh Bheemapaka admitted a writ petition filed by The Electrical Contractor Association, Nirmal District, challenging the issuance of tender notice by the superintending engineer, Operation Circle, Nirmal. The petitioner sought to declare the tender process as illegal, and violative of the Indian Electricity Act, 2003 and rules. The association objected to the invitation of tenders from Class-II and Class-III contractors, who it claimed were not qualified to execute works worth ₹10 lakh, as per statutory norms and contractor registration regulations. It was contended that allowing unqualified contractors to participate compromises public safety and undermines the integrity of the electricity contracting system. The petitioner requested the court to set aside the impugned tender notice and ensure that such works are awarded only to properly licensed and registered contractors. After hearing the matter, the court passed an interim order directing the respondents to process the tenders invited from registered contractors of TGNPDCL for the Nirmal operation circle. However, the court made it clear that the results of the tenders shall not be finalised and that finalisation would be subject to the outcome of the writ petition and posted the matter for further adjudication.