Hyderabad: The Telangana High Court recently dismissed a petition filed by a man seeking to overturn a 1989 preliminary order in a decades-old family property dispute with his two children. The original partition suit was filed in 1987 by his minor children through their maternal grandfather. The father, despite multiple summons, failed to appear in court, leading to an ex parte decree in 1989.
After 34 years, in 2023, he claimed he was unaware of the proceedings and alleged fraud. The High Court rejected his plea, saying it lacked evidence and contained only allegations. The court ruled the children were lawfully represented and never challenged the decree upon reaching adulthood.
“There is no infirmity in the trial court’s order,” the judge noted, adding that the Hindu Minority and Guardianship Act, 1956, was not applicable in this case. The court upheld the validity of the earlier order.
SC Dismisses NIA Plea Against Bail
Hyderabad: The Supreme Court on Tuesday dismissed a petition filed by the National Investigation Agency seeking to cancel bail for four persons from Telangana and Chhattisgarh who were arrested in 2023 on allegations of supplying explosives and firearms to Maoist cadres. The Telangana High Court had granted conditional bail to Punem Nageswar Rao, T. Arogyam, B. Mahender and V. Umashankar in March 2024.
According to the NIA, the accused had purchased a lathe machine and used it to cut iron rods to make firearms, secured a drone to observe police movements in the forests and also received explosive substances from suppliers.
Aug.6 Hearing on Devara Yemjal Land
Hyderabad: The Telangana High Court has scheduled or August 6, hearing in a batch of petitions seeking registration and release of sale deeds pertaining to land in Devara Yamjal of Shameerpet mandal in Medchal-Malkajgiri district, which were claimed by Sri Seetarama Swamy temple.
The temple has claimed ownership of hundreds of acres in Devara Yamjal and its surrounding villages. Apart from that, some portions of land were listed under the Urban Land Ceiling Act.
Some persons claiming 18 acres of agricultural land in Survey No.s 61/U and 63/A approached the High Court requesting a direction to the registration department to allow the registration and release of sale deeds over the land.
The registration authorities sought a no-objection certificate under the provisions of Urban Land Ceiling Act and whereas the endowment department claimed the land. The court tagged the previous and present petitions and adjourned the hearing to August 6.
HC Slams TG for Not Changing Transport Vehicle to Personal One
Hyderabad: The Telangana High Court pulled up the state transport department for rejecting an application to convert a transport vehicle to non-transport, personal, use, on the ground that there would be a huge revenue loss to the exchequer.
Justice K. Sarath of the High Court criticised the contention of the transport authorities who said that there was a huge variation in the quarterly tax collected from maxi cab (transport vehicles) operators and the life tax levied on omnibuses for private use (non-transport vehicles).
The judge viewed this stand as an overreach of authority by the transport department, as there was no bar on the conversion of transport vehicles to non-transport category under the Motor Vehicles Act, 1988. Further, the court observed that the contention of the transport department was arbitrary and illegal and in violation of Article 14 and 19(g) of the Constitution of India.
Justie Sarath was dealing with a petition filed by C. Ratnaji Rao, challenging the rejection of his application to convert his vehicle from maxi cab to omnibus for private use. He also paid the fee of `900 and prepared a demand draft of `2 lakh towards charges and taxes payable for conversion.
Pranay Sohini, counsel for the petitioner, said that the transport department in 2022 had rejected an application for conversion of the vehicle. The petitioner approached the High Court which directed the authorities to consider the application.
After the High Court order, the authorities once again rejected the application on the ground that “there would be huge revenue loss to the government exchequer in the event the subject vehicle is converted”. Further, the authorities stated that it may endanger road safety and the vehicle may be operated illicitly after conversion.
During arguments, government pleader for the transport department failed to show the provisions under the Motor Vehicles Act which barred conversion of transport vehicles to non-transport category. The court termed that the contentions of transport authorities as “atrocious” and something that “cannot be accepted”. “On presumptions and assumptions they have stated that the vehicle may ply illicitly after conversion,” Justice Sarath noted and directed the authorities to convert the vehicle within six weeks.
