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Telangana HC Declares That Govt Cannot Include Mahbubpet Lands in Prohibited List

By L. Ravichander

Copyright deccanchronicle

Telangana HC Declares That Govt Cannot Include Mahbubpet Lands in Prohibited List

Hyderabad: The Telangana High Court declared that the government cannot include Mahbubpet lands in the prohibited list. Justice K. Sarath on Monday stated that the government’s power to include lands in the Survey No. 44 of Maqta Mahbubpet village is without the authority of law. The judge was dealing with a writ plea filed by Uta Suresh challenging the decision of the registering authorities, refusing to register the alienation of properties situated in the said survey number on the ground that the property was in the Prohibited List, and that NALA clearance had not been granted. Justice Sarath, in his order disposing of the petition, referred to multiple orders passed by him, and earlier orders passed by different benches of the High Court stating that on the basis of the documentation, presently available with the government, it was not open for the government to place the said properties under section 21A. The judge accordingly allowed the writ petition and directed the authorities to register the documents.Dismissal of fingerprint ASI upheldJustice Nagesh Bheemapaka of the Telangana High Court dismissed a writ petition filed by V. Sathish, a former assistant sub-inspector (ASI) of the Fingerprint Bureau, Warangal (Rural), challenging his dismissal from service for misrepresenting himself as an ex-serviceman during recruitment. The petitioner had served in the Indian Army from 2001 to 2007, before being discharged on compassionate grounds. The petitioner argued that he did not seek reservation under the ex-servicemen quota but only age relaxation. He argued that his discharge certificate indicated that he was not eligible for ex-serviceman status and that he voluntarily disclosed it during recruitment. He alleged that the departmental inquiry was biased, procedurally flawed, and violated principles of natural justice. Countering these claims, the state argued that the petitioner deliberately marked “Yes” in the ex-serviceman column of the application form, thereby securing selection under a quota to which he was not entitled. The state contended that without such a claim, his marks would not have qualified him for selection as ASI. The authorities maintained that the disciplinary proceedings were conducted fairly under Rule 20 of the APCS (CCA) Rules and that sufficient documentary and testimonial evidence established the charge. The judge observed that the AP State and Subordinate Service Rules specifically exclude individuals discharged at their own request from the definition of “ex-servicemen.” The judge held that the petitioner knowingly misrepresented his status in the application form despite being aware of his non-ex-serviceman classification. The judge rejected his plea, noting that the application form offered no scope to treat the declaration as limited to age relaxation. The judge also held that the High Court, under Article 226, could not re-appreciate evidence as an appellate body when departmental proceedings had been lawfully conducted.NATMO directed to reconsider case of Research AsstA two-judge bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin allowed a writ appeal challenging the rejection of the candidature for the post of Research Assistant in the National Atlas and Thematic Mapping Organisation (NATMO), Department of Science and Technology. The bench heard a writ appeal filed by Azaaruddin Degalapadu. The authorities rejected his application on the ground that he did not possess the essential qualification prescribed in the advertisement. The petitioner contended that he holds an Integrated MSc in Earth Sciences from the University of Hyderabad, which is equivalent to the advertised qualification of Integrated MSc in Applied Geology. The Additional Solicitor General of India placed before the court the report of an expert committee constituted on the directions of the court, which opined that the petitioner’s qualification was equivalent to the advertised requirement. The University of Hyderabad also confirmed the equivalence of the course. The petitioner submitted that the post remains vacant and sought a direction for his appointment. The bench observed that the rejection of the petitioner solely on the ground of non-fulfillment of essential qualifications was improper. The bench set aside the rejection order and the single judge’s dismissal of the writ petition. The bench directed NATMO to consider the petitioner for the post in accordance with the advertisement within four weeks.HC to examine contours of opening a rowdy sheetJustice N. Tukaramji of the Telangana High Court will examine whether the continuation of a decades-old rowdy sheet at Kamatipura Police Station can be justified in the absence of convictions. The judge was hearing a writ plea filed by Ayub Khan, contending that several of the cases against him ended in acquittal and that one case under the Passport Act was not serious enough to affect public order. He argued that some of the…