Hyderabad: Telangana High Court Chief Justice Alok Aradhe and Justice J. A two-judge bench of Anil Kumar on Thursday reserved the order in a PIL challenging the non-transfer of excise officials by the Election Commission of India (ECI). The PIL was filed by Bondili Nagdhar Singh, a retired government employee, challenging the non-transfer of excise officers and exempting them from transfer by the ECI. Counsel for the petitioner argued that there should be proper classification among the transferred officers and a proper relationship should be established by the ECI. Senior advocate Avinash Desai, appearing for the ECI, said the rules were applicable across India and the officials were transferred out of the parliamentary constituency in accordance with the Election Code. He argued that excise officers may be involved but do not share any core functions in the electoral process, and that there is a proper classification of officers who provide core functions outside parliamentary constituencies. He also affirmed that the ECI should issue guidelines which are of paramount importance to the society and may have an adverse impact on the administrative machinery of the government. He said an inter-departmental portal had been set up to seize liquor, money and drugs from any officer, including the flying squad, and it would not make any difference merely because the excise officers were not transferred.
Microsoft questioned on lake land
A two-judge panel of the Telangana High Court directed Microsoft India to clarify its stand on the alleged encroachment of Nandigam’s Tungakunta lake. Chief Justice Alok Aradhe and Justice J. A panel of Anil Kumar was hearing a PIL filed by Bandar Shakaria and 55 others, which said the state government was not taking any action to remove illegal encroachments and protect the lake. The petitioner alleged that the lake was being polluted by nearby pharmaceutical companies, including Natco Pharma. He also alleged that Microsoft was encroaching on the tank area and constructing a building which should not be allowed and demanded a ban on it. Chief Justice Aradhe, speaking for the bench, directed the petitioners to also give effective suggestions to avoid encroachment and how water can be protected from contamination to avoid adverse litigation. The case has been adjourned to next week for further hearing.
Status quo on Asifabad land
Telangana High Court Justice N.V. Shravan Kumar directed state government officials to maintain status quo in respect of a parcel of land measuring over one acre in Penchikalpet mandal, Komaram Bheem Asifabad, which officials claim to be forest land. The judge directed that the status quo would be maintained for six weeks. The judge was hearing a writ petition filed by Eshkol Welfare Society, challenging the action of the Forest Range Officer and the Tehsildar in interfering with the peaceful occupation and enjoyment of the petitioner’s property and trying to demolish the structure and premises . The petitioner constructed a walled building and open land in a compound measuring one acre and 10 guntas in SY No. 69 situated at Muraligadda village, Penchikalpeta mandal of Komuram Bheem Asifabad district. The authorities argued that this was Poramboku land and the petitioner was trying to build a wall on it.
HC blames SCB on illegal buildings
Justice C.V. Bhaskar Reddy of the Telangana High Court blamed the laxity of Secunderabad Cantonment Board (SCB) officials for its failure to respond to a writ petition dealing with illegal construction. The judge directed that if the counter is not filed before June 4, the board will be liable to pay Rs 25,000 to the Legal Services Authority. The judge was considering a writ petition filed by Konuganti Anitha complaining about the inaction of the SCB. Verification and action taken even after nine months of receipt of the first complaint lodged by the petitioner against encroachment and illegal construction at Sri Krishna KRP Towers, Thokatta Village, Marutinagar, Bowenpally, Hyderabad.
