Telangana High Court slams ‘unusual haste’ by state in Etala probe

Hyderabad: The Telangana Excessive Court docket on Tuesday discovered fault with the Medak district collector and different officers in conducting a survey and inspection within the lands of Jamuna Hatcheries, which belongs to the members of the family of former minister Etela Rajender, with out issuing notices or intimation to them. The court docket mentioned that the motion was a transparent violation of Articles 14, 19, 21 and 300-A of the Structure, and  Part 153 of the Telangana State Land Income Act.

“There isn’t any provision of legislation which is proven to the court docket beneath which the district collector has performed an in depth survey and filed a report. The one cause proven is {that a} grievance was obtained towards the petitioners stating that assigned lands have been encroached by the petitioners,”  the court docket mentioned.

 

These observations had been made by Justice  Tadakamalla Vinod Kumar on Tuesday whereas listening to a home movement petition filed by Jamuna Hatcheries Non-public Restricted, represented by its director Etala Nithin and his mom E. Jamuna. The petition was towards trespassing by the Medak district collector and different income officers into their lands in Hakimpet and Achampet villages of  Medak district and conducting the survey with out issuing notices to them.

The petitioners urged the court docket to direct the authorities to not take any coercive steps towards them primarily based on a report ready by the officers, which said that the petitioners had encroached on 66 acres of assigned land.

 

Responding to the officers’ hotfoot in getting ready a report inside 24 hours by conducting a survey and enquiry on allegations, Justice Tadakamalla Vinod Kumar questioned if the Chief Secretary, collectors and different officers confirmed related fast response to all complaints, which got here to their discover.

“If that’s the case, what the authorities have acted on the complaints about violations of GO111. Have the authorities by no means obtained complaints, that are grievous to it?” Justice Vinod Kumar requested.

 

Stating that prima facie there was a severe violation of the rules of pure justice and likewise non-adherence of the provisions of the Telangana State Land Income Act, Justice Vinod Kumar instructed, “If the federal government finds any violations and illegalities of encroachment of assigned lands by Jamuna Hatcheries, then go forward on the entrance gate, not go by the again gate by violating the rule of legislation and utilizing the pressure,” Justice Vinod  Kumar noticed.

 

 

Amazed on the 42-page report submitted by the officers inside 24 hours of an order for enquiry issued by the Chief Minister of Telangana, the choose mentioned, “When the Chief Secretary has directed the collector to conduct an enquiry, vis-a-vis, when the collector had ordered a tahsildar to conduct survey and inspection? At what time, the tahsildar gave again the report by inspecting the location and conducting a survey? When did it attain the collector? Is it doable inside one hour? What Mr Advocate Normal, in your lengthy service, have you ever ever seen this swinging response from the state equipment,”  Justice Vinod Kumar requested Advocate-Normal B.S Prasad.

 

 

Replying to the questions posed by the Choose, the advocate-general mentioned the allegations had been made towards the minister. So a right away report was requested.”

 

The Advocate-Normal, nevertheless, mentioned that it was a preliminary report and a abstract report might be ready by following the due strategy of legislation.  Mr Prasad mentioned there was no embargo in legislation or the Income Act, which restricts the collector or income officers of designated rank to enter into agriculture lands owned by people or the federal government to examine.

 

 

Reacting sharply to the contentions of the A-G, the choose questioned as to which legislation empowers  the collector or his officers to go instantly into personal properties to conduct inspections and to erect boards stating that the land belongs to the federal government, with out listening to the affected events.”

“The Structure ensures each citizen has one thing known as freedom or basic rights, they can’t be breached by authorities. If that’s the case, how can it’s tolerated,” Choose mentioned.

Whereas studying the report of the district collector, which says {that a} detailed and full survey has been performed, the Choose questioned as to how might the District Collector conduct an in depth survey of 120-odd acres of land in a single day. “Even when it’s a digital survey, an individual has to go for the survey by holding a digital compass on the land,” the Choose requested.

 

Explaining that the expertise of conducting a bodily survey of 18 acres of land owned by him, the Choose mentioned, “the report of the District Collector signifies that he may need performed the survey by sitting in his automotive and going across the land and ready an enquiry report in sitting in his room.”

Mr D. Prakash Reddy, senior counsel showing for Jamuna Hatcheries, opposed the rivalry of the A-G, who knowledgeable the court docket  that the report of the district collector is preliminary in nature. The senior counsel insisted that no legislation permits an official to carry a preliminary enquiry, with out placing the petitioner on discover.

 

After prolonged arguments and contemplating oral enterprise by the Advocate-Normal that the officers would proceed additional by following due strategy of legislation, the court docket directed the district collector, Medak, to observe the process of related legal guidelines on the complaints obtained towards the lands pertaining to Jamuna Hatcheries in Hakimpet and Masaipet villages of Medak district.

The court docket has additional directed the Director-Normal of Police,  Director-Normal, Vigilance and Enforcement, ACB and Medak Superintendent of Police towards taking any coercive steps towards the petitioners.

 

The court docket additionally issued notices to the Chief  Secretary, Medak District Collector, Toopran RDO, Masaipet mandal income officer directing them to file their responses to the contentions raised by Jamuna Hatcheries inside 4 weeks and adjourned the listening to to July 6.

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