Individual Notice Not Required, Rules Telangana HC



Hyderabad: Justice T. Vinod Kumar of the Telangana High Court held that individual notices were not required in land acquisition proceedings under Section 21(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, (LARR Act) if a public notice has been issued. The judge was dealing with a writ plea filed by Puli Rajesham and 11 others, alleging that they were not personally informed of the acquisition of their lands for the Singareni Collieries Company Limited’s (SCCL) Ramagundam open cast II project. The petitioners contended that they discovered the proceedings through a public notice displayed at the collector’s office. They argued that the authorities had failed to follow the due process of law by not issuing individual notices, despite Supreme Court precedents and stipulations under the Act. It was claimed that this omission impacted their compensation and eligibility for agricultural subsidies, including Rythu Bandhu and PM Kisan benefits. The petitioners expressed concern about the lack of action on their representations, noting a potential loss of state and central government agricultural benefits due to the acquisition. The judge, after hearing the arguments, held that the issuance of a public notice was sufficient and that individual notices were unnecessary as the petitioners did not reside outside the locality. Acknowledging that the petitioners admitted being aware of the acquisition through a public notice, the judge found no violation of the due process of law. However, the judge directed the respondents to consider the representations of the petitioners and address the objections raised, as the same were submitted within the stipulated time frame.

Sangareddy bio-waste tender case before HC

The Telangana High Court entertained a writ plea challenging the extension of the tender for collecting bio-waste for a cumulative period of three years in Sangareddy municipality. Justice K. Lakshman was dealing with a writ plea filed by Qureshi Butchers Mutton and Chicken Mutually Aided Thrift and Credit Society Ltd of Sangareddy. The petitioner challenged the extension of the tender for collection of bio-waste in Sangareddy municipality in favour of Gopi Transport without issuing a public notification. It was the case of the petitioner that, as per the procedure, a notification inviting interested persons to participate in tender proceedings for collecting the bio-waste from shops selling chicken, mutton and fish in the municipality was to be issued but without following this procedure, the tender earlier assigned to Gopi Transport was extended for a cumulative period of three years. The petitioner argued that such an extension of the tender period without issuing a notification inviting interested persons was a violation of the provisions of TS Municipalities Act 2019 and Solid Waste Management Rules 2016. The petitioner sought setting aside the work order issued in favour of the unofficial respondent last December. After hearing the parties, Justice K. Lakshman directed the respondent authorities to file their counter and posted the matter for further adjudication.

Renew bar licence: HC

Justice B. Vijaysen Reddy of the Telangana High Court directed the commissioner of prohibition and excise and other authorities to renew bar licence and supply liquor stock to Sri Kanakadurga restaurant and bar situated at Sangareddy. This direction came in response to a writ plea filed by the outlet’s managing partner challenging the actions of the respondent authorities in not renewing their licence, despite receiving the first instalment of the licence fee. The petitioner contended that the respondents locked the bar premises and were not considering the renewal application in spite of his having submitted several representations and receiving licence fees to the tune of `20 lakh. The petitioner alleged that the respondents were not supplying liquor stock and brought it to the notice of the judge that no showcause notice was issued nor was any enquiry conducted. The government pleader pointed out that the unofficial respondent, who is also a sleeping partner of the firm, had lodged an objection against renewal of the licence and the application did not bear his signature. After hearing the parties and perusing the material on record, the judge observed that as per the partnership deed, the unofficial respondent was only a sleeping partner. The managing partner possessed the right to sign the renewal application and thus, the rejection was improper. The judge observed that the petitioner established a prima facie case for grant of interim relief and accordingly directed the respondent authorities to renew the bar licence and supply liquor stock to the petitioner. The judge also ordered notice to the unofficial respondent and posted the matter for further adjudication.

Church complains of inaction by district collectors

Justice Surepalli Nanda of the Telangana High Court took on file a writ plea challenging the inaction of the district collectors of Bhadradri-Kothagudem and Khammam districts and others, in not considering the complaints raised by members of a Church of South India (CSI). The judge was dealing with a writ plea filed by Cherukupalli Srikanth and another contending that certain meetings of CSI Diocese of Dornakal Council were scheduled for this month by Rt Rev Dr K Padma Rao, Bishop at Dornakal Diocese of the CSI and I.H.R.P. Mohan Rao, secretary, Diocese of Dornakal, CSI. The petitioners argued 0that meeting notices were issued by the unofficial respondents without any jurisdiction and without obtaining any valid authorisation. To that extent, the petitioners relied upon the interim orders of the Supreme Court passed in September staying the decision-making power, either with regard to holding election or administration of CSI and the CSI Trust Association, of the administrators appointed by the Madras High Court in April to the administrative committee of the CSI, which governs approximately 24 dioceses. Taking into account the submissions of the petitioners, the judge directed collectors of various districts to take steps against conduct of the 39th Diocesan Council Triennial Meetings of CSI Diocese of Dornakal Council. The judge also ordered notices to the unofficial respondents and posted the matter for further adjudication.



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