Telangana High Court addresses illegal construction and excise officer transfer issues

The PIL case was filed by Akula Satish, a social worker. Petitioner challenged the inaction of Irrigation and CAD Department, HMDA, District collector and other government officials in taking steps for demolishing llegal constructions in the subject land.

Hyderabad: A Two Judge bench of the Telangana High Court comprising CA Two Judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Friday dealt with a public interest litigation case pertaining to illegal construction raised by Vasavi Infra LLP in Full Tank Level (FTL) of Kunta cheruvu (tank) in Bachupally of Medchal Malkajigiri district.

The PIL case was filed by Akula Satish, a social worker. Petitioner challenged the inaction of Irrigation and CAD Department, HMDA, District collector and other government officials in taking steps for demolishing llegal constructions in the subject land.

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It is the case of the petitioner that, despite several representations there was no response from the concerned authorities.

Petitioners further contended that such construction is falling within the buffer zone and a threat to the environment, public at large. The counsel for Vasavi Infra informed the that the building did not fall under the FTL of Komati Kunta cheruvu.

He assured the court that his client was ready to give an undertaking to that extent. After hearing the submissions made by both parties the bench directed the petitioner to file the photographs relating to construction as well as the survey report dated 25.04.2024 prepared by the Surveyor and Assistant Executive Engineer, Mandal Revenue Office, Bachupalli Mandal.

Accordingly, the matter was posted to April 30. Excise official transfer issue The Telangana High Court on Thursday reserved orders in a public interest litigation case pertaining to the issue of transfer of excise officers by the Election Commission of India.

The division bench comprising Chief Justice Alok Aradhe and Justice J Anil Kumar dealt with a PIL case filed by Bondili Nagadhar Singh, a retired government servant challenging the non-transfer of Excise Officers by the Election Commission of India and exempting them from any transfers.

The counsel for the petitioner contended that there must be reasonable classification between the officers that are transferred and a reasonable nexus must be established by the Election Commission of India.

Avinash Desai, Senior Counsel appearing on behalf of the Election Commission of India contended that ECI regulations are applicable across India and officers are transferred out of the parliamentary constitutes in consonance with the election code.

He contended that excise officers might be involved but are not part of any core functions and there is a reasonable classification between officers who provide core functions outside the parliamentary constituencies.

He also affirmed that the Election Commission of India must issue guidelines which are paramount to the society and it might adversely affect the administrative missionary of the Government.

He contended that an inter-departmental portal is established to seize alcohol, money and drugs by any of the officers, including that of the flying squad, and merely because the excise officers are not transferred it would not make any difference.

Then bench considering the submissions made by both parties reserved the matter for orders.