HC allows state’s appeal challenging single judge order on disputed land
Telangana High Court.
HYDERABAD: A two-judge bench of the Telangana High Court on Friday allowed a writ appeal filed by the state government, challenging an order of a single judge with regard to an extent of 18 acres of land in Quthbullapur mandal. The single judge had allowed a petition filed by R. Bhaskara Raju and C. Padmanabha Rao questioning the authorities for taking over the land in question and handing it over to the AP State Finance Corporation (APSFC). Their case was that the land does not fall under land surplus and belonged to the petitioners and did not vest with the government. Both the nature and ownership of the land came up for adjudication before a single judge. The APSFC contended in the writ petition that there were serious disputes over the title and possession. The findings of the single judge declaring the purchase as an illegal and further declaration that the state government had no right to alienate the land in favour of APSFC (erstwhile) was set aside by the bench comprising Chief Justice Ujjal Bhuyan and Justice S. Nanda. The bench made it clear that it was open to the petitioner to establish their title by approaching the appropriate forum.
I-T dept’s order to reopen an assessment set aside
A two-judge bench of the Telangana High Court on Friday set aside an order passed by the income-tax department for reopening an assessment order. The bench, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was dealing with a writ plea filed by Crescent Projects and Technical Services seeking to declare the action of the department in sending a notice for reopening of an assessment order. The taxable amount in dispute is nearly 40 crores regarding which a reply was filed by the company. M. Naga Deepak, counsel, appearing on behalf of the petitioner company, vehemently contended that the department had failed to consider the response given by them and had reopened the assessment of the petitioner. The bench was of the opinion that the reopening was done in a mechanical manner without giving due consideration to the petitioner’s stance and accordingly disposed of the matter.
Petitions challenging SATS tender allotment dismissed
Justice Srinivas Rao of the Telangana High Court on Friday dismissed two writ petitions challenging tenders allotted by Sports Authority of Telangana State (SATS) in favour of Kendriya Bhandar and another. The judge dismissed the petitions filed by Excel Sports stating that the action was arbitrary and illegal. While one petition, challenged the disqualification by a special committee, the other, it questioned the tender process. The tenders were floated for the supply of sports kits for three months. The petitioner unsuccessfully contended that it was wrongfully excluded from the zone of consideration. The plea that the successful party did not satisfy the tender conditions also did not find favour with the judge who pointed out that the role of the court in supervising tenders was very limited. He ruled that there was nothing arbitrary in the grant of the tenders.
HC quashes criminal case against ESI scam accused
Justice K. Surender of the Telangana High Court on Friday quashed a criminal case relating to the ESI scam against Sujatha Kancherla, who was arrayed as accused No. 7, along with her husband Hari Babu, who is the principal accused. According to the prosecution, the petitioners had conspired to procure medical kits and equipment to be supplied to ESI. It is alleged that they were acquired at exorbitant prices causing a loss of over 160 crore to the exchequer. Counsel N. Naveen Rao contended that except naming her there was no other evidence stated against her. The judge ruled that at least circumstantial evidence must be available while naming the petitioner as a conspirator. In the absence of any evidence, the court ruled that the petitioner’s name be purged.
Follow procedures before issuing notices, police told
Justice K. Surender of the Telangana High Court on Friday directed the police to follow procedure while issuing notice to the accused in a case of alleged forgery against employees of a power transmission company. The judge was hearing a quash petition filed by Warora Kurnool Transmission, challenging a police complaint accusing them of forging and putting to use false documents. According to the petitioner, the land of the de facto complainant was used for laying down high-tension transmission lines. According to the complainant, there was no necessity to even issue a notice. Hence, there was no need for them to forge the documents, the petitioner contended.
Toddy sale licence: HC refuses intra-court appeal
A two-judge bench of the Telangana High Court on Friday refused to intervene in an order of a single judge on the rights of the licensee for the sale of toddy. The bench, comprising Chief Justice Ujjal Bhuyan and N. Tukaramji, was dealing with a petition filed by Y. Jaya Vardhan Goud and others. The appellants were aggrieved by the fact that a single judge faulted the authorities on renewing the petitioners’ licence and also that it was without the proper authority. Refusing to entertain an intra-court appeal against an interim order, the bench reasoned that the petitioner had no fundamental right to carry business in the sale of toddy much less in the light of a finding that he was selling adulterated toddy.
