Hyderabad: Justice Moushumi Bhattacharya of the Telangana High Court took on file a writ plea challenging the order of the chief commissioner of GST and Customs, Hyderabad zone, in rejecting allotment of ‘lots’ in line with the Customs Disposal Manual, 2019. The judge was dealing with a writ plea filed by party-in-persons Seetha Gundugurthi and Pavan Kumar Srigundugurthi. It is the case of the petitioners that they had participated in the e-auction in respect of goods that are seized, unclaimed or uncleared. Despite being the highest bidders in the e-auction round, the petitioners alleged that the respondent authorities had failed to approve the sale of lots consisting of mobile phones and clothes to the petitioners. The standing counsel for the respondent authorities apprised the judge of the ‘reserved price’, while dealing with such goods, which the petitioners had failed to meet, regardless of being the highest bidders. The petitioners contended that they were still entitled to the goods they had bid for, being the highest bidders, in line with the procedure of Customs Disposal Manual, 2019. The petitioners also referred to an RTI application filed by them wherein the respondent authorities confirmed the stand taken by the petitioners. After hearing the parties, the judge directed the respondent authorities to file their response and posted the matter for further adjudication.
HC sets aside revocation of building permission
Justice Anil Kumar Jukanti of the Telangana High Court set aside an order of revocation of building permissions for a plot located at Mahadevapuram residential layout project phase III, Medchal-Malkajgiri district. The writ plea has been filed by Hema Latha Peddarapu, who sought to set aside the revocation order issued by Greater Hyderabad Municipal Corporation (GHMC), on the grounds that the plot was deemed government land as per a January 5, 2018 tahsildar report. The petitioner contended that the revocation was arbitrary and violated the principles of natural justice. The petitioner placed reliance on precedents from similar cases, where the division bench held that municipal authorities cannot reject building permissions solely on the basis of tahsildar’s letters and TSLR entries without establishing a better claim to the property. It was ruled by the division bench that the municipal authority is required to make a pragmatic assessment of the materials on record and decide the question of prima facie title and lawful possession of the applicant. Application for grant of building permission cannot be rejected on the basis of TSLR entries. The panel also held that, “if the state has a better claim to the subject property, it has the remedy to establish its claim. Till such time, it cannot have a veto over grant of building permission by the municipal authority if the latter is prima facie satisfied about the title and possession of the subject land by the applicant.” The judge, taking note of the same, observed that the revocation letter issued by GHMC was unwarranted as the petitioner demonstrated prima facie ownership and lawful possession of the plot through a registered sale deed.
GHMC directed to take prompt action against illegal construction
Justice K. Lakshman of the Telangana High Court directed the Greater Hyderabad Municipal Corporation (GHMC) to take prompt action on unauthorized constructions in Mallapuram, Rangareddy district. The writ plea was filed by BK Nagar colony welfare association over grievances against the unauthorised construction of a function hall and babysitting centre on open spaces earmarked for parks and common amenities. The petitioners alleged that despite repeated representations, including one on November 13, no action was taken against the violations by the Krishnanagar Colony Welfare Association. It was pointed out by the petitioner that his earlier efforts had earlier resulted in demolitions of unauthorised constructions but now new violations have reportedly surfaced. During the hearing, the government pleader assured that the representation would be duly considered and appropriate action would be taken in accordance with the procedure laid down under the GHMC Act, 1955. The judge accordingly noted the assurance and directed the GHMC authorities to take action within four weeks in accordance with the law.
HC to look into need for independent state commissioner for PwDs
The Telangana High Court will examine a writ plea seeking appointment of an independent state commissioner for Persons with Disabilities (PwDs) for effective implementation of The Rights of Persons with Disabilities (RPwD) Act. P. Chokka Rao, vice-president of All India Confederation of the Blind and Gaddam Anjaiah, president of the Development and Welfare Association of the Blind, filed the writ petition alleging inaction of the state functionaries to appoint an independent state commissioner as mandated under the RPwD Act. It was the case of the petitioners that such an appointment was pending since the enactment of the RPwD Act in 2017. It was argued that as a considerable time had lapsed in such an appointment, the petitioners sought to invoke provisions of the RPwD Act, which provides for a temporary appointment of a commissioner till an independent state commissioner is appointed by the state. It was pointed out that such an appointment would ensure implementation of welfare measures for persons covered under the RPwD Act. Justice Nanda directed the state to file its response.