Telangana HC junks HMDA writ appeal on permission for building

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Deccan Chronicle

Hyderabad: A two-judge panel of the Telangana High Court refused to entertain a writ appeal filed by the Hyderabad Metropolitan Development Authority (HMDA) against the order of a single judge directing reconsideration of a building application. The panel comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao upheld the order passed by a single judge and dismissed the writ appeal holding that the impugned order required non-interference. Earlier, a writ plea was filed by Akshaya Developers challenging the action of HMDA in not considering the application for grant of building permission for constructing Block A and B of the cellar, ground and two floors in Survey No.s 603/P, 604/P, 605/P in Dundigal, Gandimaisamma mandal, Medchal Malkajgiri district. The petitioner in the writ plea contended that the authorities in order to grant building permission were only required to consider whether access to the property for which permission has been sought is being provided directly from the service road and there was no restriction to the access to the service road if provided only from identified grid road or radial road. After hearing the petitioner and standing counsel for the respondents, the single judge disposed of the writ plea directing the authorities to reconsider the building application submitted by the petitioner for granting building permission after considering the existence of an old road as access to the service road. Counsel appearing for the appellant (HMDA) in the writ appeal contended that the single judge had failed to take into account the GO dated July 9, 2008, while passing the impugned order. The panel observed that the GO was considered by the single judge, thus the impugned order warranted non-interference and accordingly, dismissed the writ plea.Court grants bail in ganja caseJustice Juvvadi Sridevi of Telangana High Court granted bail to a car driver alleged to be found in possession of 80 kg of ganja along with another. The judge was dealing with a bail petition filed by Kunchala Srinu. The petitioner was arrested and remanded to judicial custody pursuant to the alleged seizure of ganja. The petitioner contended that he was innocent and was falsely implicated in the case. The petitioner pointed out that the investigation in the case was completed and a chargesheet was also filed. The petitioner also brought to the attention of the judge that he was in judicial custody for almost 11 months. The additional public prosecutor (APP) opposed the bail petition on the ground that specific allegations were levelled against the petitioner and he was involved in three other crimes. The judge after considering the fact that the investigation in the case was completed, chargesheet filed and as the petitioner was in judicial custody for almost 11 months, granted conditional bail.Excise Dept told not to insist on penaltyJustice B. Vijaysen Reddy of the Telangana High Court took on file a writ plea challenging the actions of the state excise department and other authorities in insisting on payment of a penalty of Rs 3 lakh for belated payment of license fee, for the excise year 2022-23. The judge was dealing with a writ plea filed by Renuka Restaurant and Bar in Gadwal district. The petitioner alleged that it fulfilled all necessary formalities for the renewal of the bar licence for the excise year 2023-24 and paid the total licence fee for 2022-23, making the penalty unjustified. Counsel for the petitioner also pointed out that since then, the petitioner bar’s licence stood renewed. After hearing the petitioner, the judge directed the respondent authorities not to insist on the payment of penalties related to the licence fee and posted the matter for further hearing.SHO Hayatnagar faces contempt chargesJustice C.V. Bhaskar Reddy of the Telangana High Court ordered notice to the station house officer of Hayathnagar police, in a contempt case relating to the investigation of the offences under the Dowry Prohibition Act. The judge was hearing a contempt case filed by Goli Rashmita who alleged that she was being confined for hours by the respondent and coerced into entering into a settlement in a dowry case filed by her. This, the petitioner alleged, was in violation of the earlier orders passed by the judge in a writ plea. The judge had earlier directed the respondent to conduct an investigation into the crime registered by the petitioner and to not force the petitioner into entering into any settlement/compromise. The petitioner alleged that despite directions, the respondent failed to comply and was guilty of contempt. Accordingly, the judge ordered notice to the respondent and posted the matter for further adjudication.SC nurse moves HC against Medical Recruitment BoardJustice Pulla Karthik of Telangana High Court took on file a writ plea challenging the actions of the Telangana Medical and Health Services Recruitment Board in not considering the candidature of a staff nurse. The judge was hearing a writ plea filed by P.G. Suneetha, complaining that the respondent authorities were not considering her candidature in the ensuing counselling or in MNJ Institute of Oncology and Regional Cancer Centre. The petitioner contended that she was not being considered as per the merit list on the grounds that she had failed to submit her community certificate in the SC category. The petitioner alleged that the actions of the respondent authorities were arbitrary and in violation of the Constitution. After hearing the petitioner, the judge directed the respondent authorities to file their response.Wife of thunderbolt victim seeks court intervention for compensation⁠A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Tuesday closed a writ petition of a woman seeking compensation for the death of her husband due to a thunderbolt. The panel was dealing with a writ plea filed by Banne Laxmamma who alleged that she was not paid compensation as her husband died due to a natural calamity. The petitioner contended that her husband died while working in an agricultural field on the outskirts of Appayapally of Lingala mandal, Nagarkurnool district. The petitioner contended that she filed a complaint before Lokayukta, however, no action was taken by the authorities. The petitioner stated that she was entitled to compensation of `6 lakh in terms of the GO issued by the state government, which remained unpaid. The panel on a previous occasion observed that the complaint submitted by the petitioner was not cognizable under the provisions of the Telangana Lokayukta Act, however, she was entitled to compensation in terms of the GO in respect of disaster management. The special government pleader appearing for the respondent authorities informed the panel that the amount of ex gratia was paid to the petitioner. The panel took note of the same and closed the writ petition.



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