High Court directs Adilabad Municipal Commissioner to seal the commercial complex

It is contended by the petitioner that a commercial complex is being constructed on a land allotted for construction of Hostel to the Munnuru Kapu Sangham in Adilabad district.

Hyderabad: A two-judge quorum of the Telangana High Court comprising the Chief Justice Raghavender Singh Chauhan and Justice B. Vijaysen Reddy on Monday, directed the Municipal Commissioner, Adilabad to seal the premises of a commercial complex in Adilabad, if it was found to be illegal.

The panel also required the civic authority to file its response to a writ plea filed by Gottimukkala Raju. It is contended by the petitioner that a commercial complex is being constructed on a land allotted for construction of Hostel to the Munnuru Kapu Sangham in Adilabad district. The bench directed the Municipal Commissioner, Adilabad, to seal the premises if any illegality was found in the manner of construction carried out. Principal Secretary Municipal Administration was also present before the court. The court posted the matter to December 3 for filing report and counter.

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CEO reprimanded

The panel reprimanded the Chief Executive Officer of the Telangana Wakf Board for not taking action in the 86 cases in which graveyards were encroached. The court was dealing with a PIL filed by Khaja Bilal Ahmed complaining of inaction of the Wakf Board in taking steps against the Muthavallis of Kabristaans. The CEO was directed to be present by the court on the last occasion.

He told the court, in spite of his best efforts the police did not register the FIRs against the encroachers stating that it is a civil litigation between the Wakf Board and the encroachers. The court then pointed out that such encroachments could have been reported to the Superintendent of Police and the concerned Magistrate.

The court directed the State to inquire into the encroachments made in the graveyards and take immediate action for removal of encroachments expeditiously. The court also observed that Muslim law considers Wakf properties are dedicated to Almighty. Hence, they should be guarded carefully. The court directed Principal Secretary, Minority Welfare Department, to file report within three months and directed to take steps against the CEO of the Wakf Board.

Quota of SC and ST

The panel also afforded opportunity to the petitioner to respond in a contempt case, relating to promotions to reservations to Scheduled Castes and Scheduled Tribes in the State services. The panel is dealing with a contempt case filed by Naveen Kumar against the Chief Secretary, General Administration. The petition is for alleged violation of the orders of the High Court in a writ petition filed by him challenging the amendment of Rule 22 of AP State and Subordinate Service Rules adopted by the Telangana State and Subordinate Service Rules providing reservation in promotions and issuing GO Ms No 26 Social Welfare Department as adopted by the Telangana and Subordinate Service Rules providing consequential seniority to S Cs/S Ts as ultravires and unconstitutional.

The High Court had allowed the writ petition filed by M Naveen Kumar with directions that every department of the State which seeks to implement the policy of reservation in promotions with consequential seniority in favour of Scheduled Castes and Scheduled Tribes in any particular cadre would have to undertake the full exercise as per the mandate of the Supreme Court in M Nagaraj and Jarnail Singh before doing so every time. The matter will be heard on December 15 after reply is filed by the petitioner.

The panel also ordered notice in a writ plea filed challenging the provisions of the GHMC Act in so far as it continues with the explanation providing reservations for Backward Classes on the basis of they being educationalIy Backward Classes of citizens under Article 15 (4) of the Constitution of India, as arbitrary and illegal. Congress spokesperson Shravan Kumar filed the writ petition. The petitioner would contend that the reservations would have to be on the independent identification of political backwardness as prescribed by the Supreme Court. He said that the apex court had ruled that the educational backwardness cannot be ipso facto be considered the material for political reservations.

Meagre compensation

Justice A Abhishekh Reddy on Monday while entertaining a writ plea on compensation for farmers and land owners directed the State to file its counter. N Sathi Reddy filed the writ petition assailing the action of the State Revenue and Irrigation authorities in passing alleged consent awards by paying meagre compensation to the petitioners living in Mamidyal village, Mulugu mandal, near Konda Pochammasagar reservoir. The petitioner pleaded that the State has not paid compensation towards structures borewells or any amount towards rehabilitation and resettlement for acquisition of the subject lands in Mamidyal village, Mulugu mandal, Siddipet district erstwhile Medak district. The petitioner also contended that the entire village was dislocated and is no more visible on the State map. The matter is posted on December 15 to enable the State file its counter.

 

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