Police cannot hold back passport, says Telangana HC

Such power vests only with the passport officer, he reiterated

Hyderabad: Justice T Vinod Kumar of the Telangana High Court declared that the police cannot hold back the passport of an accused. Such power vests only with the passport officer, he reiterated. The judge partly allowed a writ plea filed by a husband who is facing 498 A charges made by his wife. His passport was seized in Bengaluru when he was about to go to the US to work at a client site. He challenged the action of seizure of the passport as contrary to the provisions of the Passports Act. The state defended its action stating that the passport being a movable property can be seized by the police and that it could not be deposited with the Magistrate due to the Covid-19 scenario.

The government also argued that the petitioner had made inelegant attempts to leave the shores of the country. Justice Vinod Kumar pointed out that even if seized, and placed before the Magistrate, even the court is not empowered to impound the passport and it can only be done by the Passport Officer in specified circumstances.

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“If the authorities have any apprehension of the petitioner being a flight risk case, the authorities can approach the Magistrate concerned for cancellation of bail or alteration of conditions” Justice Vinod Kumar said and issued directions for depositing it before the Magistrate and for consideration of the same on merits at the instance of the petitioner. The prosecution was left with the right to move for impounding the passport, if necessary.

Land acquisition challenged

Justice Abhishek Reddy heard inconclusively a writ plea challenging a notification issued by the State Revenue Land Acquisition Department for acquisition of land for laying of road from Hafeezpet Manjeera Pipeline to KPHB Flyover. The judge was dealing with a petition filed by Cherabuddi Rajashekar Reddy. The petitioner contended that the notification was illegal and in violation of the Land Acquisition Rehabilitation and Resettlement Act. He sought directions to set it aside. The judge directed the Land Acquisition Department to file a counter along with a map for proper adjudication.

Land compensation

Justice A Rajashekhar Reddy heard a writ plea filed by Telangana State Industrial Infrastructure Corporation Ltd seeking directions against the State Revenue & Endowment Department to accord permission to the petitioner to acquire the lands belonging to Sri Seetha Ramachandra Swamy Temple at Seetharampur in Shabad Mandal of RR district for development of an industrial park.

The Archaka Samaikhya opposed the acquisition stating that the state has so far failed to pay sufficient compensation for the temple lands acquired by them. The judge, however, said the right to acquire lands was within the discretion of the State and it may choose to do so by paying adequate compensation. The matter was adjourned to Tuesday.

Protection of temple lands

A two-judge panel, comprising Chief Justice Raghavender Singh Chauhan and Justice B Vijaysen Reddy, heard a PIL against the State Endowments Department and the Revenue Department, specifically the District Collector of Vikarabad, for not taking any action on the representation requesting protection of temple lands. Mestri Srinivas had filed a petition.

The petitioner informed the court that he made several representations requesting authorities to protect lands in Sy No 161, 162, 177 and 179 in Antaram village of Tandur Mandal, Vikarabad district, belonging to the Sri Venkateswara Swamy Devasthanam temple. However, no action was taken. He also sought a direction against the Sub-Registrar, Tandur, from registering the said lands. The panel adjourned the matter for filing counters by the State Revenue and Endowment departments to December 15.

Aadhaar details

The same panel heard a PIL filed by Saaketh Kasibhatla challenging the collection of Aadhaar number and caste details from the non-agricultural property owners by the revenue authorities as violative of the Aadhaar Targeted Delivery of Financial and other Subsidies Benefits and Services Act 2016. The panel will hear the matter on Tuesday.

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