Govt Has Not Allowed Owaisi School to Run Classes, HC Told
Hyderabad:After the Telangana High Court aggressively monitored alleged illegal constructions by Advocate Fatima Owaisi Educational Institutions (KG-PG) in the full tank level (FTL) and buffer zone of Salkam Cheruvu, the school education department on Friday said it has not granted permission to conduct classes at the controversial construction for this academic year.
School education department advisor T. Venkata Raju verbally stated that no approval has been given to the institutions for Classes 1 to 10. He stated that he was not aware of the approvals for upper classes for secondary, undergraduate and postgraduate courses. He said the departments of higher education and technical education have approved the upper classes.
Justice NV Shravan Kumar was hearing a petition filed by advocate Vijay Gopal, who complained about HYDRAA’s inaction regarding his repeated complaints regarding illegal constructions and alleged encroachments in Salkam Cheruvu (Bandlaguda Khalsa). According to him, half of the lake area was covered with illegal structures. Advocate Fatima Owaisi Educational Campus KG-PG and Salar-e-Millat Educational Trust had constructed huge buildings and were running educational institutions on the land.
On April 30, Justice Shravan Kumar had directed the school education to inform parents and students pursuing their academics in the alleged illegal constructions (college and school buildings) and this was subject to the outcome of the writ petition.
The judge also directed the principal secretaries of the revenue, irrigation, municipal administration and school education departments to conduct a detailed investigation against all officers of the concerned departments who failed to take action against the alleged encroachments during the construction of the college from 2015 onwards. The court directed the authorities to submit a detailed report on July 3 after completion of the investigation and action taken.
Neither department filed a report Friday, and HYDRAA did not respond to allegations of inaction regarding the complaints. The court was disturbed by the lack of response from government officials; The court warned that it would give the necessary instructions if the report was not submitted within a week and gave one week until July 9 to file the report.
The court expressed doubts over the failure of Advocate Fatima Owaisi Educational Campus KG-PG and Salar-e-Millat Educational Trust to submit the kazalath. The lawyer who came for Güven stated that they would cooperate with the survey. The judge reminded that the lawyer in question was also present at the previous hearing, but no case has been reported so far. Judge Shravan Kumar asked the lawyer: “Are you committing fraud in the court?” he asked.
CBI tells court there is no need for further investigation into Vivekananda Reddy murder case
Hyderabad:CBI has told the special court here that there is no need for further investigation into former MP YS Vivekananda Reddy’s murder case, a thorough investigation has been completed and a third additional charge sheet has been filed. In a detailed counter-affidavit on Friday, the agency asked for further investigation and contacted the victim’s daughter, Dr. Narreddy sought dismissal of the petition filed by Sunitha and submitted that the plea was legally untenable and delayed the commencement of the trial. The CBI said it was probing the discussions around the message exchange between Kiran Yadav and Arjun Reddy, including seeking expert opinion from the Central Forensic Science Laboratory (CFSL), Delhi.
HC restores bank’s auction of Bandla Ganesh family property
Hyderabad:The Telangana High Court has reopened the auction sale of a prime property in Jubilee Hills owned by the family of film producer and actor Bandla Ganesh, stating that bankruptcy proceedings against a corporate debtor do not automatically protect personal guarantors from collection suits.
The court allowed a writ petition filed by Union Bank of India (UBI) and set aside the order of the Hyderabad Debt Recovery Tribunal-II (DRT-II) canceling the auction sale of the mortgaged property, directing the return of the property to the guarantors and ordering refund of consideration of Rs 8.5 crore along with six per cent interest to the auction buyer.
According to UBI managing director, the dispute arose out of collection proceedings initiated by the bank against Sri Parameshwara Poultry Farm Pvt. Ltd, a company supported by Bandla Ganesh, his father and brother. While the company had availed a loan facility of around Rs 83.16 crore, Ganesh, his father and other family members had given personal guarantees and mortgaged their individual properties as collateral.
After the loan accounts were classified as non-performing assets (NPAs) in April 2017, the bank invoked the provisions of the Sarfaesi Act and auctioned one of the secured properties located in Jubilee Hills for $8,50,76,750.
DRT-II later set aside the sale, accepting the objection of the guarantors as the insolvency proceedings initiated against the corporate debtor under the Insolvency and Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT) were pending.
Before the Supreme Court, senior advocate BS Prasad, appearing for Union Bank of India, and senior counsel Mayur Reddy, representing the auction buyer, submitted that the DRT-II had committed jurisdictional errors by misapplying the IBC provisions and ignoring the established legal principles regarding personal guarantors. They argued that the moratorium imposed on admission of insolvency proceedings against a corporate debtor does not extend to personal guarantors unless a separate insolvency proceeding is initiated against them under the IBC.
The bank said the auction proceeds have already been adjusted as per one-time settlement (OTS) and Ganesh and other guarantors have agreed to withdraw the pending cases, including the securitization application before DRT-II. The bank claimed that despite this accepted opinion, the court ruled on the objection and invalidated the auction sale.
