Public representatives cannot investigate anything: Telangana High Court

Update: 2020-08-11 01:30 IST

Telangana High Court 

Hyderabad: Public representatives do not have the power to investigate anything, whether something is done intentionally or unintentionally cannot be decided by the representatives of the people.

If anyone is aggrieved by the demolition of anything the person is free to file a plea. There are necessary steps strictly in accordance with the law, Chief Justice RS Chauhan stated.

The High Court Chief Justice Bench heard public interest litigation on Monday filed by Telangana Congress leaders Mohammed Shabbir Ali, A. Revanth Reddy, Anjan Kumar Yadav, Konda Vishveshwar Reddy seeking permission to visit the demolished premises of Telangana Secretariat.

Special GP Santosh Kumar informed the Court that the Advocate General is not feeling well and requested two weeks time to address all the matters raised in the plea. The matter is specifically entrusted to AG, Santosh said.

Counsel for the petitioners Rajinikanth Reddy informed the Court that the petitioners had given representation to the Government and DGP on July 28 and July 30 seeking permission to visit the demolished premises of Telangana Secretariat. However, until now there is no response from them, the petitioner's counsel alleged.

'If you claim that there is a treasure somebody should have filed a complaint with the Archaeological Survey of India saying that we believe that there is a treasure so please go ahead and investigate whether there is treasure or not', CJ Chauhan said.

We are concerned that the representation has been given to the DGP, and the DGP is required to deal with the matter, CJ opined. Chief Justice Chauhan issued notice to the State Government to file a counter within two weeks.

How can precious land be sold for peanuts, queries HC

The High Court on Monday heard a public interest litigation filed by J Shankar from Dharmapuri Village, Karimnagar District alleging that allotting the land admeasuring five acres in Mokilla Village, Shankarpally Mandal, RR District, at a nominal cost of Rs five lakhs per acre to the film producer and director N Shankar as arbitrary and illegal.

Hearing the plea, Chief Justice Raghavendra Singh Chauhan pointed out that according to HMDA, the market value of the land is Rs 20 lakh per acre, whereas the prevailing market value of the land is Rs 2.5 Crore. On what basis this land being allotted at Rs five Lakh per acre, CJ questioned.

'For mere employment of 300 people, can the process of that land crash down from Rs 2.5 crore to Rs 20 lakh? Even if it is a cabinet decision, it does not mean that the State largesse can be abused to the extent that it is parcelling of land without any economic basis', CJ added.

The parcel of the land is to be sold for peanuts. This is no justification, just meant to say that well it is a cabinet decision, therefore it is admissible', CJ Chauhan pointed out.

Moreover, do remember that the Supreme Court says, if a parcel of land is to be conferred there are certain procedures to be followed. If somebody should put it on the auction, there should be an auction of the land to get the highest price available. There is no reason to sell out a precious piece of land to such a cheap price, the bench opined.

Further, The CJ bench questioned respondent N.Shankar's counsel that what is the status of the construction there now? Investing Rs 50 crore for the development of a world class film studio which will have certain provisions, the construction cannot be completed in such a short time.

Up to what level the construction has been completed, CJ pointed out.

Special GP informed the court that there is a cabinet meeting and will take the decision, moreover, the Advocate General will also attend for the next hearing. Counsel for the petitioner Satyam Reddy informed the bench that there is status-quo order on this issue and the subject land has been levelled and is kept ready for construction. For further hearing, the matter was adjourned to August 27.

Stop illegal construction of temple in govt land: PIL in HC

A plea In High Court was filed to stop illegal constructions on the name and styles of temples, Sri Sri Sri Mahankalla Pochamma Garla Devastanam, Sri Sri Sri Pochamma Devalayam and Sri Sri Sri Mahankallamma Devalayam in Nagole, Uppal Mandal, Medchal-Malkajgiri District by grabbing public place / government land. Moreover, the petitioner Vazeer Prakash Goud alleged that it is a huge financial loss to the Government.

Chief Justice Raghavendra Singh Chauhan directed the State government and concerned departmental officials to visit the concerned place. If there is any illegal construction of any temple it should be stopped forthwith, otherwise, once a temple is constructed and consecrated then it is very difficult to deal with such religious structures, CJ opined.

CJ directed the State Government that if you find any illegal constructions, do stop it here and now and file a comprehensive report about this matter and directed to list the case on August 19.

State Public Prosecutor Pratap Reddy's term extended

As an exceptional case, the State government has decided to extend the term of State Public Prosecutor C Pratap Reddy for a further period of three years from the date of completion of his term from August 12 onwards. A notification has been released by A Santosh Reddy, Secretary to Government, Legal Affairs, Legislative Affairs and Justice in this regard.

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