Justice C.V. Bhaskar Reddy of the Telangana High Court came down heavily on officials of the HMDA for wilfully defying interim order regarding land allotment to a land loser
Hyderabad: A two judge panel of the Telangana came down heavily on the state government for its continued non-compliance with binding judicial orders. The panel comprising of Justice P. Sam Koshy and Justice Narsing Rao Nandikonda was hearing a writ plea filed by Dr B. Ramakrishna, a 71-year-old retired senior medical officer from the government ayurvedic dispensary, Secretariat, Hyderabad, seeking implementation of an order passed by the Andhra Pradesh Administrative Tribunal in 2012. The petitioner sought recognition of temporary service rendered prior to regularisation for the purpose of pensionary benefits and advancement scales. The petitioner would contend that the issue already attained finality through a series of orders passed by the High Court and the Supreme Court. The panel noted that despite multiple judicial pronouncements confirming the petitioner’s entitlement, the Government failed to implement the order. “Does the government want every individual to approach the court for executing its own orders,” the panel questioned. The panel observed that no plausible justification was furnished and that the authorities were dragging their feet despite ample time. Noting that the petitioner is a senior citizen, the panel remarked that there was “nothing to contest” in the matter and that the petitioner would now also be entitled to seek substantial costs due to the prolonged delay. The panel allowed the writ plea, and granted three months time to implement the order, failing which the petitioner would be entitled to interest at 9 per cent per annum.
Two file petition, seek demolition
Justice B. Vijaysen Reddy of the Telangana High Court took on file a writ plea filed by two individuals seeking demolition of alleged unauthorised construction of Kings Kohinoor, Classic Towers, Kings Crown Function Hall on their land in Gudimalkapur. The judge was hearing a writ plea filed by Yasangi Kondapanaidu and Pulapalli Krishna, who sought a direction to the municipal authorities to take action against unofficial respondents for constructing buildings and shopping mulgies on their land. The petitioners contended that despite repeated representations, the authorities failed to initiate steps under the GHMC Act or take measures to demolish the allegedly unauthorised constructions. It was submitted that the private respondents had no valid title or sanctioned plans and had encroached upon their land. The judge questioned the delay in filing of the writ plea by the petitioners pointing out that the functions halls were constructed several years ago. The judge also questioned counsel for the petitioners as to why the petitioners failed to avail any civil remedies against the unofficial respondents. The judge directed the counsel for the respondent authorities to obtain instructions and posted the matter for further hearing.
Priest files plea on endowments, cops
Justice Pulla Karthik of the Telangana High Court took on file a writ plea filed by a temple priest challenging unlawful interference in his religious duties at Sri Seetharamanjaneya Swamy Devalayam located in Jawaharnagar (Balajinagar) by the authorities. The judge was hearing a writ plea filed by filed by Madhu Jithender Sharma who would contend that he has been performing puja in the temple peacefully. The petitioner would allege that the assistant commissioner of endowments and the station house officer of Jawaharnagar police station, are attempting to dispossess him without any notice or proceedings under the Telangana Endowments Act. He alleged that their actions are arbitrary and violative of the Constitution. The petitioner sought to restrain the respondents from interfering in his religious activities or removing him from the temple without due process. Taking note of the submissions, the judge directed the counsel for the respondents to get instructions in the matter and posted the case for further adjudication.
HMDA gets time to implement order
Justice C.V. Bhaskar Reddy of the Telangana High Court came down heavily on officials of the HMDA for wilfully defying interim order regarding land allotment to a land loser. The judge disposed of a contempt case filed by S. Ram Reddy directing the respondent officials to execute a conveyance deed in favour of the petitioner within three months, failing which they will face two weeks of simple imprisonment and a fine of ₹1,000 each. It was the case of the petitioner in writ petition that his land was acquired over a decade ago for the Musi River Conservation and Riverfront Development Project and was promised developed land in return. He contended that although he was allotted Plot No. 181 in Uppal Bhagayat to the extent of 666.67 sq. yards in 2016, the authorities failed to register the plot or hand over possession, prompting the petitioner file writ petition. The single judge allowed the writ plea and gave a four-week deadline to complete the registration which the HMDA failed to act citing an interim order in an unrelated writ petition which restrained allotment of certain land in the same survey number. HMDA filed an undertaking stating that action would be taken after disposal of the third-party writ petition which the judge found that even after more than a year, the officials had neither taken steps to vacate the interim order nor provided an alternative plot or compensation to the petitioner. Justice Bhaskar Reddy pointed out that the respondents had not acted in good faith and that their inaction amounted to deliberate defiance of the his orders. He also pointed out that the so-called undertaking was merely a tactic to avoid contempt proceedings.
