High Court Breifs June 27 2011

June 27. Hyderabad.

I A division bench of the AP High Court comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas Afzalpurkar on Monday disposed of a public interest writ petition complaining that the GHMC was violating the law relating to reservation to the physically challenged.

Tapana charitable Trust moved the court complaining that the GHMC had notified to fill up about 88 posts in the category reserved for the physically challenged but had stalled the recruitment to 66 posts of Kamatees and Kamatans on the ground they could not carry out their jobs due to their physical disabilities. The decision of the Commissioner is challenged on the ground that it is contrary to the rule of reservation. The bench directed the petitioner to make a representation to the government and that it would act on such representation.

II. A division bench of the AP High Court comprising Justice G. Raghuram and Justice P. Durga Prasad on Monday appointed three senior counsels as amicus curaie to assist the court in a contempt case filed against the Telugu daily Andhra Jyothi. The daily had recently carried an article on the procedure followed and the credibility of 14 persons for appointment as judges of the High Court. When a contempt case was filed the registry raised an objection stating that the petition is not maintainable as criminal contempt required the prior sanction of the Advocate General. It was pointed out that the present Advocate General himself is one of the persons named in the list and as such the question of applying to him for sanction did not arise. The controversy follows yet another writ petition challenging an earlier panel sent by the High court. A division bench of the court dismissed the said writ petition aftr ascertaining that the list had become inoperative. Three of the four names from the said list is said to be included in the present list.

III. A division bench of the AP High Court comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas Afzalpurkar on Monday adjourned to July 21 the writ pleas dealing with 9 acres of land in Ameerpet which earlier was directed to be resumed by the Lok Ayukta. Investigation in a criminal case in this regard is also underway. The pendency of the case is seen by many in political circles as the cause for the delay of the appointment of former Chief Minister Rosiah to a gubernatorial post..

It may be recalled that Basham Krishna Reddy a practising advocate filed the writ petition challenging the denotification of the land in question and directing the return of the land to the erstwhile owners was illegal. They contended that the action was illegal and actuated by colourable exercise of power.

IV. A division bench of the AP High Court comprising Chief Justice Nisar Ahmad Kakru and Justice Vilas Afzalpurkar on Monday disposed of a public interest writ petition challenging the allotment of about 43 acres of land Rajendernagar Mandal to Public Health Foundation of India. The writ petition is filed by OM Dibara of the Forum for Better Hyderabad. The Petitioner complained that the beneficiary institution was selected without following the procedure laid down by law. The Foundation is managed by Dr. Srinatha Reddy, the personal physician of the Prime Minister. The petitioner said that the government is bound to call for tenders and follw a transparent method while allotting public lands.

Disposing of the writ petition, the bench made clear that the government which has alienated the land in favour of the Health Foundation will issue detailed guidelines on the use of the lands and the beneficiary institution would be bound with such stipulations as laid down by the government

V. Justice Ashutosh Mohanty of the AP High court on Monday adjourned finally by a week the writ petition dealing with the stoppage of production of measles vaccine in the state. The judge is dealing with a the writ petition filed by Indian Immunological Limited challenging a show cause notice issued by the state government to it calling upon it to explain why it should not be stopped from manufacturing the vaccine. The petitioner would contend that the show cause notice was contrary to law. It is pointed out that the procedure followed was not in accordance with law and that the samples were in accordance with specified standards. The High court which had earlier admitted the petition had granted suspension of the show cause notice but had also directed the petitioner not to dispatch the produced material. In a fresh application the petitioner stated that it was bound to supply huge quantities to the Central government in furtherance of the laters policy to administer the vaccine. R.P.Meena, Senior Police Officer who heads the was present in court during the hearing of the case.

A division bench of the AP High Court comprising the chief justice and Justice Vilas Afzalpurkar on Monday granted two weeks time to the central government to respond to a writ petition complaining of its alleged inaction to defend four Indians accused in a murder case in UAE. The Mahbbobnagar District Palamoori Migrant Labour Union and Migrants Rights council brought to the notice of the court the incident of four local residents Ajmeera Vasuram, Mudavat Raju, Bhokya Sharya and Dharam Butchiah were arrested by the police of the Sultanante of Oman for their alleged involvement in the death of Lakavat Narayana and Kumar Goverdhan of Nizamambad . The accused are lodged in a jail in Muscat and have no legal support and despite representation to the Union of India, no actionis forthcoming the petitioner stated.

VII A division bench of the AP High Court comprising the Chief Justice and Justice Vilas Afzalpurkar on Monday stayed the operation of the sentence handed over to the Nalgonda RDO in a contempt case. The bench made the interim order while taking on file the statutory appeal under the Contempt of Courts Act. A single judge had as reported in the media sentenced the erring official to 15 days civil imprisonment and a fine of Rs.2000 for violating court orders.