High Court Orders Demolition of Encroachments at School Ground

Hyderabad: A two-judge bench of the Telangana High Court comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin ordered the demolition of unauthorized structures constructed in a government school playground at Muthyampet in Kamareddy district. The panel also directed chief secretary panchayat raj to initiate disciplinary action against Raj Kumar, the then panchayat secretary, for issuing fake ownership certificates and permits and submit a report on the action taken to the Registrar General of the Supreme Court within six months. The panel was hearing a public interest litigation filed by K. Venkatalaxmi and another. The petitioners complained about the inaction of the authorities in preventing the construction of shops on the land claimed to be government land for the Zilla Parishad High School and playground decades ago. The petitioners alleged that the constructions were carried out at the playground on the basis of fake ownership documents and house permits allegedly issued by the gram panchayat in June 2022. It was claimed that the land belonged to the government and was constantly recorded as school land in revenue records. The panel also heard related writ requests filed by Muthagiri Roja challenging the cancellation of house permits and notices directing suspension of construction. After going through revenue records, survey reports and official findings, the bench held that the land in question was registered as government school land and no valid construction permission was issued under the Telangana Panchayat Raj Act. The panel noted that the alleged permissions were not processed through the mandatory online system, no relevant applications could be traced in gram panchayat records and the plans were approved by an unauthorized investigator. The panel relied on the collector’s February 2023 order declaring the permits invalid ab initio and a later survey report confirming that the constructions were within the school premises. Holding that no legal right, title or interest had been established in favor of the private party, the bench dismissed the relevant writ petitions, canceled all interim orders and directed the authorities to demolish all unauthorized structures, including shops within the playground. The bench also directed recovery of demolition costs of Muthagiri Roja as accumulated land revenue and ordered construction of a compound wall around the entire playground after appropriate demarcation.

Woman acquitted in murder case

The Telangana High Court set aside the life imprisonment awarded to a couple in a 2013 murder case on the grounds that the prosecution failed to prove its case beyond reasonable doubt. A two-judge bench comprising Justice K. Lakshman and Justice V. Ramakrishna Reddy allowed the criminal appeal filed by Kummari Padmamma and Kummari Anjaneyulu, acquitting Padmamma while noting serious inconsistencies in the prosecution evidence. The appeal arose from an order passed by the Special Sessions Judge and VII Additional District and Sessions Judge, Mahbubnagar, which found the appellants guilty of the murder of Goda Chennamma and sentenced them to life imprisonment under the IPC. While the appeal was pending, Anjaneyulu died, resulting in the case against him being deemed dismissed. According to the prosecutor, the suspect allegedly set the deceased on fire in the early hours of May 15, 2013, following a dispute over his refusal to rent agricultural land. The prosecution relied on two dying declarations allegedly made by the deceased, one before the police and the other before the magistrate. The panel found material contradictions between the two statements, particularly in terms of the roles attributed to the defendant as to who poured kerosene and who set the victim on fire. The bench noted that some of the prosecution’s key witnesses were hostile and the doctors who allegedly certified the deceased’s mental health while recording death declarations were not examined. The panel also noted serious lapses in the investigation, including procedural irregularities in recording statements, failure to send material objects for forensic analysis and non-compliance with mandatory provisions of the Code of Criminal Procedure, as critical incriminating circumstances were not presented to the accused during examination under the provisions of CrPC. Concluding that the dying statements did not inspire confidence and that the chain of circumstances was incomplete, the panel decided that the conviction could not be sustained. Accordingly, the appeal was allowed, the conviction and sentence were set aside and Padmamma was acquitted.

Demolition of new Bhoiguda temple stopped

Justice B. Vijaysen Reddy here stayed the proposal to demolish the Kanaka Durga Amma temple in New Bhoiguda. The judge filed a writ petition filed by Putta Ravi and his son Putta Hemanth questioning the actions of GHMC and its officials without considering the explanation offered by the petitioners. They argued that the proposed demolition was illegal, violated the principles of natural justice, was contrary to the provisions of the GHMC Act and was unconstitutional. The judge examined the claim that the plaintiffs voluntarily dismantled the dilapidated residential buildings, but there was no such situation in the temple. The petitioners gave an undertaking before the judge that they would carry out the necessary repairs of the temple and keep it safe.

HC rejects plea challenging temple land order

Justice NV Shravan Kumar dismissed the writ petition filed by agriculturists of Malkapur in Chevella mandal challenging the occupancy certificate in favor of the Sri Balaji Venkateswara Swamy Temple in the town. The judge took up the written plea filed by Seri Narayana Reddy and others. The earlier unsuccessful writ petitions had prompted revenue division officer Chevalla, who was aggrieved by the occupancy certificate issued in favor of the temple. When the RDO approved the title of the temple, it moved the joint district collector, who rejected the claim. In his judgment on Tuesday, Justice Shravan Kumar, after hearing government advocate for donations Mangilal Niak and going through revenue records, declared that the land of around 80 acres belongs to Sri Balaji Venkateswara Swamy Temple in Chevalla and rejected the claim of the writ petitioners.