Chief Justice Ujjal Bhuyan – India Legal https://www.indialegallive.com Your legal news destination! Tue, 18 Jul 2023 14:32:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Chief Justice Ujjal Bhuyan – India Legal https://www.indialegallive.com 32 32 183211854 Telangana High Court directs respondents to submit a status report on steps taken for providing toilet facilities to the residents https://www.indialegallive.com/constitutional-law-news/courts-news/telangana-high-courtesponde-respondents-status-report-residents/ Tue, 18 Jul 2023 14:29:44 +0000 https://www.indialegallive.com/?p=315530 Telangana-High-CourtThe Telangana High Court directed the Counsel for the respondents to submit the status report about the steps taken for providing toilet facilities to the residents of Naubat Pahad area, particularly for women. The Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji heard a public interest litigation has been registered suo motu […]]]> Telangana-High-Court

The Telangana High Court directed the Counsel for the respondents to submit the status report about the steps taken for providing toilet facilities to the residents of Naubat Pahad area, particularly for women.

The Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji heard a public interest litigation has been registered suo motu on the basis of the newspaper report published in the newspaper on 28.06.2023 under the caption “Hyderabad not open defecation free: Scores of women have no toilet”.

Moved by the said newspaper report, Justice T.Vinod Kumar, a judge of the High Court, has written a letter to the Chief Justice highlighting the plight of women of the Naubat Pahad area in the absence of proper access to sanitation.

The High Court issued notice to the respondents.

Matter is listed on 08.08.2023 for further hearing.

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Telangana High Court issues notice on PIL assailing appointment of Chairman of Minimum Wages Advisory Board for Telangana state https://www.indialegallive.com/constitutional-law-news/courts-news/telangana-high-court-issues-notice-appointment-of/ Wed, 21 Jun 2023 08:48:47 +0000 https://www.indialegallive.com/?p=313597 Telangana-High-CourtThe Telangana High Court issued notice on a Public Interest Litigation (PIL) filed assailing the appointment of respondent as Chairman of Minimum Wages Advisory Board for the State of Telangana vide notification issued under GO Labour Employment Training & Factories (Lab-I) Department dated 24.05.2023. Adverting to Section 9 of the Minimum Wages Act, 1948 , […]]]> Telangana-High-Court

The Telangana High Court issued notice on a Public Interest Litigation (PIL) filed assailing the appointment of respondent as Chairman of Minimum Wages Advisory Board for the State of Telangana vide notification issued under GO Labour Employment Training & Factories (Lab-I) Department dated 24.05.2023.

Adverting to Section 9 of the Minimum Wages Act, 1948 , Prabhakar Chikkudu ,counsel for the petitioner submits that the Chairman is required to be an independent person, which means that he should not have any party affiliation.

However, he has drawn attention of the High Court to the GO of Labour Employment Training & Factories (Labour) Department dated 05.12.2016 to show that petitioner was appointed as a member of the Board, being the State General Secretary of Telangana Rashtra Samithi Karmikha Vibhagam (TRSKV); now he has been upgraded as Chairman of the Board, which is contrary to the letter and spirit of Section 9 of the Act.

Prabhakar has also raised an issue that though there are a large number of women employees, there is no women member in the Board.

While considering the PIL , the Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji issued notice to the respondents and posted the matter on 07.07.2023 for further hearing.

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Telangana High Court issues notice on PIL seeking removal of unauthorised encroachments https://www.indialegallive.com/constitutional-law-news/courts-news/telangana-high-court-unauthorised-encroachments/ Tue, 20 Jun 2023 17:51:15 +0000 https://www.indialegallive.com/?p=313565 Telangana-High-CourtThe Telangana High Court issued notice on a Public Interest Litigation (PIL) filed seeking direction to remove all the illegal and unauthorized encroachments falling under Full Tank Level (FTL) and Buffer Zone situated at Masab Cheruvu, Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District. The petition seeks the following directions: -To restore the FTL lands to […]]]> Telangana-High-Court

The Telangana High Court issued notice on a Public Interest Litigation (PIL) filed seeking direction to remove all the illegal and unauthorized encroachments falling under Full Tank Level (FTL) and Buffer Zone situated at Masab Cheruvu, Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District.

The petition seeks the following directions:

-To restore the FTL lands to its Full Tank Level, clearing the inflow and outflow nalas.

-To constitute a committee for development of the Masab Cheruvu, Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District.

-To take stringent punitive action against all the erring officials who allowed constructions, unauthorized / illegal encroachments under FTL Area & Buffer Zone area near Masab Cheuruvu of Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District.

While considering the PIL , the Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji issued notice to the respondents and directed not to allow further encroachment and construction including dumping of garbage in the same.

The Matter is listed on 08.08.2023 for further hearing.

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Telangana High Court asks legal services body secretary to submit report on GHMC dog centres https://www.indialegallive.com/constitutional-law-news/courts-news/ghmc-dog-centres-status-report-telangana-high-court/ Fri, 31 Mar 2023 11:41:55 +0000 https://www.indialegallive.com/?p=306872 Telangana-High-CourtThe Telangana High Court has asked the Member Secretary of Telangana State Legal Services Authority to visit existing animal care centres as well as those being set up by the Greater Hyderabad Municipal Corporation (GHMC) and submit a status report. The Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji heard a Suo […]]]> Telangana-High-Court

The Telangana High Court has asked the Member Secretary of Telangana State Legal Services Authority to visit existing animal care centres as well as those being set up by the Greater Hyderabad Municipal Corporation (GHMC) and submit a status report.

The Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji heard a Suo Motu Public Interest Litigation (PIL) registered following the death of a four-year-old boy after being bitten by four stray dogs in Hyderabad city.

On 23.02.2023, the Court had issued notice and GHMC standing counsel K. Ravinder Reddy filed an affidavit.

The affidavit stated that an ex-gratia of Rs 8 lakh has been paid to the family of the deceased. That apart, GHMC has prepared a revised module for management of street dogs. It is stated that as per mandate of the Animal Birth Control (Dogs) Rules, 2001 GHMC has established animal care centres in different areas of Hyderabad, details of which have been mentioned in paragraph 10 of the affidavit.

That apart, several other steps have been taken like providing for dog catching vehicles and sterilization of dogs etc. GHMC has also taken up construction of two additional animal care centres, said the affidavit.

Without expressing any opinion at this stage, the High Court directed the Member Secretary of Telangana State Legal Services Authority to visit existing GHMC animal care centres and those being set up and submit a status report.

The matter has been listed for June 8, 2023.

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Telangana High Court issues notice on PIL challenging legality of Tribal Welfare department’s memo https://www.indialegallive.com/constitutional-law-news/courts-news/memo-tribal-welfare-department/ Thu, 30 Mar 2023 09:48:03 +0000 https://www.indialegallive.com/?p=306786 Telangana-High-CourtThe Telangana High Court issued notice on a Public Interest Litigation (PIL) filed primarily assailing legality and validity of the memo dated 05.11.2021 issued by the Secretary to Government, Tribal Welfare (Services.II) Department. On perusal of the aforesaid memo the Court noted that a decision has been taken by the Government of Telangana to issue […]]]> Telangana-High-Court

The Telangana High Court issued notice on a Public Interest Litigation (PIL) filed primarily assailing legality and validity of the memo dated 05.11.2021 issued by the Secretary to Government, Tribal Welfare (Services.II) Department.

On perusal of the aforesaid memo the Court noted that a decision has been taken by the Government of Telangana to issue title deeds to eligible poor claimants under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and also to arrest further encroachments and protect forest land henceforth.

The counsel for the petitioner submits that taking cover of the aforesaid memo, the State authorities are providing title deeds in an indiscriminate manner to all and sundry, in the process encouraging encroachment into forest and tribal areas.

While considering the PIL , the Division Bench of Chief Justice Ujjal Bhuyan and Justice N.Tukaramji issued notice to the respondents.

In the meanwhile, the Court directed the respondents to strictly follow the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as well as the rules framed thereunder while implementing memo dated 05.11.2021.

The matter is listed on 22.06.2023 for further hearing.

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Telangana High Court issues notice on PIL over vacant posts in state VAT appellate tribunal https://www.indialegallive.com/constitutional-law-news/courts-news/state-vat-appellate-tribunal-vacant-posts-pil-telangana-high-court/ Tue, 07 Feb 2023 12:29:57 +0000 https://www.indialegallive.com/?p=301385 Telangana-High-CourtThe Telangana High Court issued notice on a suo motu Public Interest Litigation (PIL) over the vacant posts in the Value Added Tax Appellate Tribunal. The petition was registered suo motu following the receipt of a letter from the President of National Association of Tax Professionals raising a grievance that for a long time, posts of Accounts […]]]> Telangana-High-Court

The Telangana High Court issued notice on a suo motu Public Interest Litigation (PIL) over the vacant posts in the Value Added Tax Appellate Tribunal.

The petition was registered suo motu following the receipt of a letter from the President of National Association of Tax Professionals raising a grievance that for a long time, posts of Accounts Member as well as Departmental Member in the Telangana Value Added Tax Appellate Tribunal are lying vacant.    

While considering the matter, the Division Bench of Chief Justice Ujjal Bhuyan and Justice N. Tukaramji issued notice to the respondents.

The Bench has  been informed that there is a pending petition on the same subject matter.

The pendency of the writ petition would not be a bar for the respondents to take necessary steps to fill up the vacancies in the Telangana Value Added Tax Appellate Tribunal, the Court clarified.

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Telangana High Court summons State Chief Secretary, seeks timeline to start restoration of Hill Fort Palace https://www.indialegallive.com/constitutional-law-news/courts-news/telangana-high-court-summons-state-chief-secretary-seeks-timeline-to-start-restoration-of-hill-fort-palace/ Thu, 15 Dec 2022 11:20:11 +0000 https://www.indialegallive.com/?p=295258 Telangana-High-CourtTelangana High Court division bench PIL relating to restoration and conservation of the Hill Fort Palace and the surrounding grounds which reflect the rich heritage of the city and the State of Telangana.]]> Telangana-High-Court

The Telangana High Court has summoned the Chief Secretary of the State to present before the High Court a definite timeline to start the work for restoring the Hill Fort Palace, which is presently in a rundown condition, to its former glory.

The Division Bench of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy heard a Public Interest Litigation (PIL)  relating to the restoration and conservation of the Hill Fort Palace and the surrounding grounds, which reflect the rich heritage of the city and the state of Telangana.

Proceedings were initiated way back on 10.02.2020. After more than 2½ years, no tangible steps have been taken by the State and its officials , the Bench noted.
In an order dated 22.11.2022 , the High Court  had directed the State to inform the Court about the tangible steps that may be taken for starting the work for restoration and conservation of the Hill Fort Palace and the surrounding grounds.

The Court  had called for fixing a  definite timeline to start the work for restoration and conservation of the Hill Fort Palace. 

On December 09 , Harender Pershad, Special Government Pleader has produced before the Court  a letter dated 08.12.2022 written by the Managing Director of the Telangana State Tourism Development Corporation Limited to the  Advocate General stating that oral orders have been issued to the Corporation to carry out works for cleaning of the Palace etc. The work is being monitored by the Architect. On receipt of line estimates/DPR from the architect, further action would be initiated with the approval of the Government. 

The High Court noted  that some undated/untimed colour photographs have been annexed to the aforesaid letter as a proof of cleaning operations under way in the Hill Fort Palace. 

“We find that all the persons in the photographs holding brooms etc., are well-dressed and gives an impression that they are employees of the Corporation or of some Government undertaking. After due consideration, we are of the view that summoning of the officials to the Court has become a useless formality as these officers are either incompetent or are not at all interested in carrying out the work which is the subject matter of the PIL. In fact, from a reading of our previous orders, a view may be taken that the Court was misled all these while by stating that the Government was moved for sanctioning Rs.50 crores for restoration and conservation of the Hill Fort Palace and grounds when in reality nothing has been done”, the Court went on to observed.

The High Court , therefore summoned the Chief Secretary of the State of Telangana to appear before the High Court  on 23.12.2022 at 10:30 a.m., to tell the High Court  the exact position and to present before the Court a definite timeline to start the work with concrete proposal. 
“If this is not forthcoming, we are afraid we will be compelled to pass necessary orders against all the erring officials including initiation of contempt proceedings. All the officers mentioned above including the one who is absent today, are directed to be present in person along with the Chief Secretary of the State of Telangana on the next date. List on 23.12.2022 at 10:30 a.m”, the order reads.

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SIT probing TRS MLAs poaching case will report to Justice B Vijaysen Reddy: Telangana High Court https://www.indialegallive.com/constitutional-law-news/courts-news/telangana-high-court-probe-sit-justice-b-vijaysen-reddy-trs-mla-poaching/ Wed, 16 Nov 2022 07:32:39 +0000 https://www.indialegallive.com/?p=291569 Telangana-High-CourtThe Telangana High Court has ordered that the special investigation team (SIT) appointed by the Telangana government to investigate the alleged attempts made by BJP to poach four Legislators of the ruling TRS, will report to Justice B Vijaysen Reddy. The Bench of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy directed the SIT on Tuesday […]]]> Telangana-High-Court

The Telangana High Court has ordered that the special investigation team (SIT) appointed by the Telangana government to investigate the alleged attempts made by BJP to poach four Legislators of the ruling TRS, will report to Justice B Vijaysen Reddy.

The Bench of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy directed the SIT on Tuesday not to report to any political or executive authority, but to a Single-Judge Bench of the High Court.

The seven-member team, headed by Hyderabad Police Commissioner C.V. Anand, will be supervised by Justice B Vijaysen Reddy.

The Bench had yesterday passed a slew of directions for an independent SIT probe along with liberty to approach a Single-Judge Bench for further permissions required, if any, for investigation.

The High Court further directed the authorities to refrain from interfering in the investigation by the SIT.

It observed that considering the political sensitivity of the case, it was important that the probe was conducted in a fair and professional manner, away from any political influence.

The Bench further directed against selective leakage of investigation or material gathered during investigation, while asking Hyderabad Police Commissioner CV Anand, who is also the Chairman of SIT, to ensure that the directions issued by the High Court were followed scrupulously.

The High Court noted that Justice Reddy, who had been hearing petitions related to the case, shall monitor the investigation and pass orders on the basis of materials, including the progress of investigation to be submitted before him in sealed cover by the SIT from time to time.

The first report regarding the progress of investigation will be submitted by SIT in a sealed cover to Justice Reddy on November 29, it added.
Other members of the SIT include Rama Rajeshwari, IPS, SP, Nalgonda; Kalmeshwar Shingenavar, IPS, DCP, Crimes, Cyberabad; R.Jagadishwar Reddy, DCP, Shamshabad, Cyberabad; N.Venkateshwarlu, SP, Narayanpet; B.Gangadhar, ACP, Rajendranagar Division, Cyberabad; and Laxmi Reddy, SHO, Moinabad Police Station, Cyberabad.

A petition was filed by the state unit of Bharatiya Janata Party (BJP), challenging the Single-Judge Bench order passed by Justice B. Vijaysen Reddy on November 8, lifting the stay on probe by the State Police into the poaching allegations by TRS.
A first information report (FIR) in the case was lodged by the respondent for criminal conspiracy and other sections under the Indian Penal Code (IPC) as well as under Section 8 of the Prevention of Corruption Act.

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Telangana High Court summons officials in Hill Fort Palace restoration case https://www.indialegallive.com/constitutional-law-news/courts-news/telangana-high-court-hill-fort-palace-restoration-case/ Wed, 09 Nov 2022 09:09:38 +0000 https://www.indialegallive.com/?p=290783 Telangana-High-CourtTelangana High Court while hearing a PIL on restoration and conservation of the Hill Fort Palace and the surrounding grounds directed the respondent officials to be present in person before the High Court for their half hearted approach on the  restoration and conservation work of the Hill Fort Palace. ]]> Telangana-High-Court

The Telangana High Court has directed the respondent officials to remain present in person before the High Court for their half-hearted approach on the restoration and conservation work of the Hill Fort Palace.

The Division Bench of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy heard a Public Interest Litigation regarding restoration and conservation of the Hill Fort Palace and the surrounding grounds.

The Hill Fort Palace, along with the grounds, located in Hyderabad city, reflects the rich heritage of the city and the State of Telangana. Presently, it is in a rundown condition.

The Court found that the proceedings were initiated as far back as on 10.02.2020 when notices were issued. 
Subsequently on 07.01.2022, learned counsel for Telangana State Travel and Tourism Development Corporation Limited (Corporation) informed the Court that the Corporation had written to the Hyderabad Metropolitan Development Authority for grant of necessary approvals to repair the heritage building.

The Court noted that except the aforesaid bald statement, nothing was brought to the notice of the Court as to what steps have been taken in the matter of repairing the heritage building. The Court therefore directed the personal appearance of the Managing Director of the Corporation on 17.01.2022. 

In the proceedings held on 17.01.2022, though the Managing Director of the Corporation was present, this Court was surprised to find that a committee was constituted way back on 17.08.2021 following which the committee was requested for grant of approval to carry out the repairs and maintenance of the heritage building.

This Court noted with concern that though the committee was constituted on 17.08.2021, no such permission/ approval had been granted by the committee. The Court directed the Managing Director to request the committee for passing necessary orders.

It was clarified that if no approval was granted by the committee. The Commissioner of Greater Hyderabad Municipal Corporation being the Chairman of the committee, was directed to remain present in the Court on 01.02.2022. 

On 01.02.2022, the Commissioner of Greater Hyderabad Municipal Corporation was present through virtual hearing. He informed the Court that a meeting of the committee was scheduled on 03.02.2022. 

Subsequently on 14.02.2022, the Court was informed that Greater Hyderabad Municipal Corporation had accorded permission for restoration and conservation works of the Hill Fort Palace (RITZ Hotel). The counsel for the Telangana State Travel and Tourism Development Corporation Limited prayed for listing of the matter after six weeks as a report of the Expert Committee (Structural Engineers) was required. 

On 28.04.2022, the Court was informed that a report was obtained from the Expert Committee (Structural Engineers). This Court directed that since a report of the Expert Committee   was received, respondents should take immediate steps for restoration of the Hill Fort Palace. Status report was directed to be filed within six weeks. 

In the proceedings held on 15.06.2022, this Court noted that a status report was filed. As per the status report a request was made to the Government for sanctioning Rs.50 crores for restoration and conservation of the Hill Fort Palace. Court was requested to provide some breathing time. 

Thereafter on a couple of occasions, the matter was adjourned on the request of  A.Sanjeev Kumar,  Special Government Pleader for obtaining instructions. 
In the hearing on November 01 ,  A.Sanjeev Kumar,  submitted  that he has received a letter from the Secretary of the Tourism Department that the Finance Department has called for item wise details before sanctioning the amount for restoration and conservation. On 30.09.2022, the architects of the Corporation were asked to submit item wise details. 

The High Court held that  even if the Court  accept the above contention of the Secretary of the Tourism Department, a month has elapsed since then. Nothing is forthcoming. But that apart, the Court failed to understand as to why the high level committee constituted for this purpose or the Corporation did not forward item wise financial requirements to the Government at the first instance. 
“What we can gather from the above is that the entire approach of the concerned officials are half-hearted. Despite repeated orders of this Court, the concerned officials have not shown the required urgency as well as the spirit of public duty in doing the needful which is of considerable importance to the city of Hyderabad and to the State of Telangana. We are not at all happy with the approach of the concerned officials”, observed the High court.

The Bench  accordingly directed Commissioner and Secretary to the Government of Telangana, Finance Department; Commissioner and Secretary to the Government of Telangana, Tourism Department; Managing Director of Telangana State Travel and Tourism Development Corporation; Commissioner of Greater Hyderabad Municipal Corporation; and Commissioner and Vice Chairman of Hyderabad Metropolitan Development Authority to be present in person before the High Court on 22.11.2022 at 10:30 am. 

“It is expected that on that date, the officials shall be ready with all the required permissions to start the restoration and conservation work of the Hill Fort Palace. Any further lapse on the part of the officials will be viewed seriously by the Court. List on 22.11.2022”, the order reads.

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Telangana High Court takes suo motu cognizance of Warangal senior advocate’s murder https://www.indialegallive.com/telangana-high-court/warangal-telangana-senior-advocate-murder/ Fri, 26 Aug 2022 11:28:27 +0000 https://www.indialegallive.com/?p=281695 Telangana-High-CourtTelangana High Court has received a letter dated 02-08-2022 from the President, High Court Advocates' Association, Telangana, seeking direction to call for records and remarks from the respondents relating to the brutal murder of Senior Advocate, practicing at Warangal Bar Association. ]]> Telangana-High-Court

The Telangana High Court took Suo Motu Cognizance and issued notice to the respondents on the murder of M. Malla Reddy, Senior Advocate, practising at Warangal Bar Association.

The High Court had received a letter dated 02-08-2022 from the President, High Court Advocates’ Association, Telangana, seeking a direction to call for records and remarks from the respondents relating to the murder of M. Malla Reddy, Senior Advocate, practlsing at Warangal Bar Association, on 01-08-2022 by some miscreants at Mulugu District, in which a crime was also registered in police station Mulugu.

lt is also stated in the letter that the advocates while discharging their professional duties as advocates have been facing utmost violence viz., several brutal attacks, assaults, harassment and murders being repeatedly committed against advocates, leaving the entire , fraternity in fear and there is a certain apprehension that these attacks will not stop unless a proper deterrence and redressal mechanism is evolved to safeguard the advocates’ fraternity.

It is further prayed that there is a dire need and necessity for the Advocates Protection Bill to be promulgated for the safety of the advocate fraternity. Hence, the High Court may be pleased to consider and recommend the Advocates Protection Bill to the Ministry of Law and Justice for the benefit of the advocate fraternity.

“This unfortunate incident has given us an opportunity to examine various aspects concerning lawyers and the legal profession including safety of lawyers”, the Division Bench of Chief Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy observed.

While considering the letter the High Court issued notice to the respondents and posted the matter on 08.09.2022 for further hearing.

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