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Plea over GO 23 orders referred to division bench
The application of the Telangana state government for modification of the High Court’s interim order related to G.O. MS No. 123 has been referred to the division bench to decide whether it is maintainable. The division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akhter passed an order to this effect during the course of hearing on the batch of writ petitions filed
Hyderabad: The application of the Telangana state government for modification of the High Court’s interim order related to G.O. MS No. 123 has been referred to the division bench to decide whether it is maintainable. The division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akhter passed an order to this effect during the course of hearing on the batch of writ petitions filed challenging the validity of G.O. MS No. 123.
It may be recalled that the division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice U Durga Prasada Rao had pronounced an elaborate interim order on January 5 directing the Telangana state government to not procure lands under G.O. MS No. 123 for irrigation projects as the rights of non-landowners were getting affected, particularly those relating to resettlement and rehabilitation.
The state government issued a fresh G.O. MS No. 38 recently providing for resettlement and rehabilitation benefits to non-landowners and on that basis made an application for modifying the interim order, so that the state government can go ahead with land procurement.
Advocate General K Ramakrishna Reddy urged the bench on Monday to decide on the application instead of hearing the writ petitions as part of final hearing since it would take a long time. The AG and the counsels for the petitioners had during the earlier hearing on February 21 agreed for final hearing as proposed by the division bench. But on Monday the AG sought hearing on the application for modification of the
order.
The counsels for the petitioners opposed the plea on the ground that such modification would amount to nothing but nullification of the order and therefore sought final hearing for disposal of the Writ petitions. The bench also expressed the view that it would be better to finally dispose of the petitions instead of hearing further on interim applications, but since the AG was requesting, it passed an order referring the matter to the earlier bench that passed the interim order.
