Hyderabad: A two-judge panel of the Telangana High Court ruled that revenue divisional officers have no suo motu power to call for and examine the record of any recording authority and to modify, annul or reverse the same. The panel was dealing with a batch of pleas, including a public interest litigation relating to the proceedings of RDO, Zaheerabad, whereby the tahsildar, Nyalkal mandal, was directed to restore the original entries of classification pattedar and occupant column of land holdings admeasuring about 50 acres, at Mamidigi, Nyalkal mandal, Sangareddy division, as talab cheruvu sarkari. It was the case of the petitioners in the PIL that the names of unofficial respondents were mutated in the revenue records without any proceedings and Khasra Pahani issued in 1954-55, whereby Shikam land was illegally converted to patta land while deleting existing entries from all the records being maintained under the Andhra Pradesh Telangana Area Irrigation Act. The PIL petitioners sought a direction to implement the proceedings of the RDO, to take back possession of the land and hand it over to the irrigation department to restore the tank as part of the government developmental schemes. The petitioners were aggrieved by the proceedings of the RDO directing to restore the original entries in revenue records. They contended that the RDO has no jurisdiction to issue the impugned proceedings and it was against the provisions of the Telangana Rights in Land and Pattadar Passbooks Act. It was argued that the competent authority to issue such proceedings was the collector. The petitioner also alleged that the action of the RDO in issuing the impugned proceedings after 55 years did not stand judicial scrutiny. The panel after hearing both the parties set aside the proceedings of the RDO and said that the collector may initiate the proceedings afresh if required. The panel also made clear that the petitioners in other writ petitions were at liberty to avail alternative remedy to establish their title before the appropriate forum and accordingly disposed of the batch of pleas.
HC takes up plea challenging suspension of special deputy collector
Justice Pulla Karthik of the Telangana High Court took on file a writ plea challenging the suspension of a special deputy collector-cum-surveyor for land acquisition. A. Deepak Kumar moved the High Court challenging the order of the commissioner of Greater Hyderabad Municipal Corporation, commissioner of survey and land records and other authorities. The petitioner alleged that he was illegally placed under suspension by the respondent authorities on the ground that he had allegedly correlated survey numbers in an incorrect manner. The petitioner stated that no charge memo was filed against him. The petitioner complained that he was placed under suspension in an arbitrary manner and in violation of the Constitution. The judge after hearing the petitioner directed the respondent authorities to file their response and posted the matter for further adjudication.
Take statement of minor rape victim: HC to magistrate
Justice B. Vijaysen Reddy of the Telangana High Court on Monday continued hearing a writ plea dealing with yet another rape case and the inept investigation by the police. The writ petition was filed by challenging the action of the station house officer (SHO) Malakpet in refusing to call the victim to collect her statement in the course of the investigation. The plea highlighted the SHO’s failure to record the statement of a seven-year-old blind girl, who was allegedly raped by a bathroom cleaner at a hostel for blind girls. In an earlier hearing, Justice Vijaysen Reddy had directed the government pleader to attend the next session and propose a suitable arrangement to assist the minor victim. During Monday’s proceedings, only the assistant government pleader was present. He sought a week’s time to obtain instructions. Expressing concern over the delay, Justice Vijaysen Reddy emphasised the urgency of the matter. He stated that he would issue a special order instructing the Vikarabad magistrate to promptly record the girl’s statement. The judge also directed the government pleader to ensure their presence at the next hearing.
Validity of Telangana PR Act challenged again in HC
Telangana High Court was approached yet again in challenging the constitutional validity of the provisions of the Telangana Panchayat Raj Act restricting individuals with a third child from contesting in panchayat raj elections. Justice S. Nanda was hearing a writ plea filed by Linga Swamy, an agriculturist residing in Bhongir district. The petitioner complained that the provisions of the Act imposing restriction on persons with three children from contesting elections was in violation of the fundamental rights guaranteed by the Constitution. The petitioner complained that there was discrimination under the provisions of the Act as against the Telangana Municipalities Act despite both the legislations having similar provisions of law. After hearing the petitioner, the judged observed that a similar writ on the same subject matter was pending and directed the registry to list the matters together before the appropriate bench for hearing.
