High Court Briefs June 16 2011

A division bench of the AP High Court comprising the Chief Justice and
Justice Vilas Afzalpurkar ordered notice in a public interest writ petition
questioning the action of the Archealogical Survey of India in effectually
excluding  about 33 acres of land from the Nay Qila Bagh, Deccan Qutub Shahi
Bagh of the Golconda Fort.  The writ petition also challenges the consequential
action of  making a large extent of land available for the Golf course.  Jasveen
Jairath and another moved the High court in a public interest   writ petition
complaining that the authorities failed to see that the land in question for
over a century was part of the land and the exclusion was illegal.  They also
stated that a water channel system therein has been wrongly excluded from the
declared extent.

A division bench of the AP High Court  on Thursday in keeping with the
order it made on Wednesday stayed elections to the local bodies in the state.
The bench admitted a writ petition filed by T.Venkataram Reddy an agriculturist
from Nalgonda district. The petitioner challenged various provisions of the
Panchayat Raj Act which provided 34% reservation in favour of backward classes
as being contrary to the judgement of the supreme court in K. Krishnamurthy vs
the union of India. “ the government which has to act as per the law laid down
by Apex Court has turned a blind eye and has decided to act as per its wish and
is thereby violating the orders of the apex court.” The petitioner contended.
Impleading the Election Commission to the writ petition the petitioner pointed
out that it being a constitutional authority ought to have brought to the notice
of the state government that the reservation of 60% was a constitutional
impediment and could not be given effect to but had failed.  “The reservation
fixed for Backward Classes in Sections 9, 15, 152 (1A), 153 (2A), 180 (1A) and
181 (2B) ,” of the Panchayat Act the petitioner said is unconstitutional.  The
petitioner accordingly challenged the said provisions and sought a declaration
that the enabling provisions were unconstitutional.

A division bench of the AP High court comprising Justice G.Raghuram
and Justice P. Durga Prasad onThursday granted interim orders in a writ petition
challenging the action of the authorities in not permitting a visually impaired
person from taking the test for being selected to the post of a Junior Sub
Judge.
The bench permitted one Varahalaswami to take the examination pending disposal
of his writ petition in which he challenged as illegal the decision which kept
him out of the selection process.

Justice G. Rohini of the AP High Court on Thursday stayed the
demolition of the structures of the MLR Education Society at Dindigul.  The
order was made in a writ petition filed by the college management challenging a
notice given by the gram Panchayat .  The petitioner pointed out that the Lok
Ayukta had initiated steps and had directed the HMDA to demolish structures of
about 54 engineering colleges on the ground that they had not obtained
permission from the HUDA.
The action was challenged as being illegal and without the authority of law.