HC suspends single judge order on MGIT
HYDERABAD: A two-judge bench of the Telangana High Court took on file a writ appeal on whether Mahatma Gandhi Institute of Technology (MGIT) was governed by the provisions of the Right to Information (RTI) Act. The institution filed an appeal against an order of a single judge. One Upender Kumar, a former employee of the institution, moved the single judge seeking information under the RTI Act. He contended that after he had resigned from MGIT, he wanted details of communication alleged to have been sent by MGIT to a prospective employer. The appellant said that it did not fall within the prescribed authorities under the RTI Act and it was not required to respond to an application under the Act. The bench, comprising Justice T. Vinod Kumar and Justice G. Anupama Chakravarthy, suspended the order of the single judge requiring MGIT to supply the information sought by the private party.
HC orders against arrest of a company’s former MD
A two-judge bench of the Telangana High Court directed the authorities not to arrest a former managing director of a company which is being investigated for failure to make GST payments. Swetha Sirimalla, in her writ petition, contended that she was a housewife and that she had sold her shares and business interest in Catalog IT Solutions Private Limited. She said that the company owed her '9 crore. The company was taken over by an MoU in November 2021 and September 2022. Senior counsel Krishna Kaundinya pointed out that neither the company nor its present managing director was given a notice. The bench, comprising Justice T. Vinod Kumar and Justice G. Anupama Chakravarthy, directed the authorities not to take coercive steps. Dominic Fernandes, counsel for the revenue department, said that the petitioner was the managing director at the time when bogus receipts were allegedly issued and that she was bound to answer the inquiry. He denied allegations that other personnel of the company were not summoned or given notice. He informed the bench that their statements had been recorded. The bench directed the petitioner to be present before the authorities and to cooperate with the enquiry. However, the bench made it clear that no coercive steps shall be taken till the next date of hearing.
HC to take up child custody case after vacation
A two-judge bench of the Telangana High Court refused to entertain in the vacation, a parental claim for child custody. The bench, comprising Justice T. Vinod Kumar and Justice G. Anupama Chakravarthy, said that it would adjudicate the maintainability of the habeas corpus writ petition after the summer vacation. The writ petition was filed by K. Abhitej complaining that his child was with the maternal grandparents. Counsel for the petitioner argued that no court could hand over a child to the maternal grandparents when both parents were alive. He pointed out that the mother had abdicated her duties and gone to the US. The bench took note of the fact that the petitioner had already filed a case under the Guardians and Wards Act, which was pending.
Sale of property in Sanatnagar stayed
A two-judge bench of the Telangana High Court stayed the scheduled sale of immovable property in Sanatnagar owned by an octogenarian. The bench, comprising Justice T. Vinod Kumar and Justice G. Anupama Chakravarthy, was dealing with a writ petition filed by Habib Alladin, who challenged an order of the debt recovery tribunal refusing to stay the auction of the property. The petitioner pointed out that he was the owner of the property and that a fraudulent mortgage deed was created by the tenant, Sujana Universal Industries Limited. The petitioner contended that having obtained the property on lease, the company had created a charge on the same with ExportImport Bank of India. Senior counsel S. Prabhakar argued that this was done at the instance of Y.S. Chowdary, who, he said, had taken the loan but had failed to pay the bank. He pointed out that the octogenarian now runs the risk of losing the property. Senior counsel also pointed out to the court that the petitioner’s title to the property ended in his favour that went right up to the apex court and that the DRT, in spite of it, refused to grant a stay of auction.
HC orders status quo on land acquisition plea
Justice M. Sudheer Kumar of the Telangana High Court on Thursday granted interim relief in a matter pertaining to land acquisition. The judge was dealing with a petition filed by Penta Swarupa and others. The petitioners questioned the revenue authorities of Medchal and the district collector of Yadadri Bhuvangiri, who were trying to dispossess the petitioners’ land situated at Saidapur. It was contended that the tahsildar of Yadagirigutta, without issuing any notice and without initiating land acquisition proceedings, had interfered with the possession of the petitioners’ land, which is meant for a 100-bed hospital. The judge, while stating that a pattadar passbook was proof of the title, ordered for status quo.
Land seizure: Nizamabad civic body asked to submit proof of notice
Justice M. Sudheer Kumar of the Telangana High Court on Thursday directed the authorities to submit proof of having served notice in a matter relating to land seizure. The judge heard the petition filed by M. Jayasimha Reddy, who complained about how Nizamabad municipal authorities had erected a flexi of seizure against the petitioner’s land situated at Nizamabad bypass road. It was contended that upon refusal to sell his property, the authorities resorted to seizure without following the due process of law. The judge ordered the municipal authorities of Nizamabad to produce proof of the notice and posted the matter to June 18.
