Counsel for the petitioner also pointed out that the petitioner was a 10 standard student and that the investigating officer had already filed a charge sheet.
Hyderabad: Justice J. Sreenivas Rao of the Telangana High Court granted bail to a tenth-standard student accused in a murder case. The judge was dealing with a criminal petition filed by the student, represented by his mother, who is alleged of committing inter alia the offence under the Indian Penal Code.
The prosecution alleged that in March 2024, a GHMC driver discovered an unidentified man with a stab wound near a garbage collection point at the railway quarters Hamal basthi, and reported the incident to the police, leading to registration of a case. The petitioner contended that he was falsely implicated and had been in judicial custody since his arrest in the same month.
Counsel for the petitioner also pointed out that the petitioner was a 10-standard student and that the investigating officer had already filed a charge sheet.
The counsel also pointed out that all other accused in the case were granted bail earlier. Taking these factors into consideration, the judge enlarged the petitioner on bail, subject to certain conditions.
HC dismisses plea challenging award of canteen contract
A two-judge panel of the Telangana High Court dismissed a writ appeal challenging the allotment of a canteen contract at the Government General Hospital (GGH), Nalgonda.
The panel, comprising acting Chief Justice Sujoy Paul and Justice Renuka Yara, heard the writ appeal filed by Krishna Constructions and Amrutha Canteen. The appellants contended that the single judge had ruled that the tender process followed by the hospital authorities was neither arbitrary nor illegal, thereby upholding the decision to award the contract to Prasad tiffins, which had agreed to match the highest bid despite initially quoting a lower amount.
The appellants argued that they had quoted the highest rent of Rs 48,000 per month, while the winning bidder initially quoted Rs 33,000 per month. The appellants alleged that the contract was awarded unfairly, violating the principles of natural justice. However, the panel noted that the appellants failed to submit the mandatory food safety licence, a crucial requirement under the tender process.
Due to this non-compliance, the tender committee, which included the additional collector and the hospital superintendent, disqualified the appellants. The panel further found that the authorities negotiated with Prasad tiffins to match the highest bid, ensuring no financial loss to the state.
Observing that judicial interference in tender matters was limited, the panel observed that unless gross arbitrariness or mala fide intent is evident, such administrative decisions should not be overturned. Consequently, the appeal was dismissed.
Kishanbagh temple action upheld
The Telangana High Court dismissed a writ petition challenging eviction proceedings initiated for the eviction of a tenant of the Kishanbagh temple. The action was initiated by the executive officer of Sri Murali Manohar Swamy temple, Kishanbagh, Hyderabad, against a tenant occupying temple land.
Justice Nagesh Bheemapaka dealt with a writ plea filed by Brij Gopal Heda, who sought to extend the lease but faced eviction notices from the temple authorities. The property, measuring 3,433 square yards, was originally leased to the petitioner’s father, Sri Sita Ram Heda, in 1980.
Over the years, the rent was increased, and the lease continued on a month-to-month basis following the elder Heda’s death in 2020. The petitioner argued that the eviction process was unlawful and violated the A.P. Charitable & Hindu Religious Institutions and Endowments Act. However, the judge observed that the petitioner had no valid lease agreement in his name and noted that the commissioner for endowments had already rejected his request for an extension in 2021.
The judge ruled that the petitioner could not claim any rights over endowment property without proper authorisation and upheld the temple authorities’ right to reclaim the land.
Writ plea against HMDA sale of land dismissed
The Telangana High Court yet again reiterated that serious disputed questions of fact cannot be decided under a writ petition. The panel, comprising acting Chief Justice Sujoy Paul and Justice Renuka Yara, upheld the decision of the single judge, which dismissed the challenge by the appellant for the sale of 1210 square yards of land in Kancha Gachibowli, RR district.
The appellant sought to declare the sale of the land to a private party by HMDA as illegal, arguing that it included a 30-foot public road adjacent to his plot. The court observed that the existence of the road itself was in dispute, along with conflicting claims over survey numbers and the validity of layouts sanctioned by local authorities.
The panel also noted that the appellant failed to implead the necessary parties, such as the district collector and the GHMC, in the original writ petition. The panel, speaking through Justice Renuka Yara, observed that the appellant had alternative legal remedies, including seeking relief in civil court. The court rejected claims of public interest, stating that no other landowners had opposed the government’s sale of the plot.
