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Andhra Pradesh & Telangana High Court Weekly Round-Up: 01 July - 07 July, 2024

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9 July 2024 6:00 PM IST

Telangana HC Rejects Ex-CM Chandrashekhar Rao's Plea Alleging Bias On Retd Judge Commission Inquiring Into Power Procurement During His Govt

Sri. Kalvakuntla Chandrashekar Rao vs. State of TS

2024 LiveLaw (Tel) 112

The Telangana High Court has dismissed the petition moved by former Chief Minister K. Chandrasekhar Rao, challenging the formation of a one-man Commission to look into alleged irregularities arising out of power procurement during his government between 2014 to 2023.

The Justice L Narsimha Reddy Commission was formed to probe the correctness and propriety of decisions related to procurement of power from Chattisgarh, the establishment of the Bhadradri Thermal Power Station (BTPS), and the establishment of the Yadadri Thermal Power Station (YTPS).

Recovery Of Bribe Amount In Absence Of 'Demand' Insufficient For Conviction Under Prevention Of Corruption Act: Telangana High Court Reiterates

Kotla Narsimlu vs. The State of A.P. rep. by Inspector of Police, ACB, Hyderabad Range

2024 LiveLaw (Tel) 113

The Telangana High Court has held that an accused public servant cannot be convicted for bribery offences under the Prevention of Corruption Act, 1988, solely based on the recovery of bribe money.

The judgment was delivered by Justice K. Surender in a criminal appeal filed by the accused/government official Narsimlu, challenging conviction order passed by the trial court for demanding bribe of Rs. 5,000 from the complainant to fix boundaries in land records.

Telangana High Court Orders Action Against Off-Campus Centre Of Malla Reddy University For Being Established Without Prior Sanction Of State Govt, UGC

Naveena Educational Society vs. State of TS.

LiveLaw (Tel) 114

The Telangana High Court has passed interim direction to the State and the University Grants Commission (UGC) directing them to take action against the Malla Reddy University, Center of Excellence for Commerce and Design an off-campus centre of the Malla Reddy University, for having been established without the prior sanction from the State of Telangana and the University Grants Commission.

The order was passed by Justice C.V. Bhaskar Reddy in a plea filed by the Naveena Educational Society and Prathibha Degree College praying for the immediate closure of the Malla Reddy University, Center of Excellence.

Absence Of Independent Witnesses Doesn't Warrant Acquittal Of Rape Accused If Survivor's Testimony Reliable: Telangana High Court

Shaik Mohammed Khasim @ Khashu vs, State of AP

2024 LiveLaw (Tel) 115

The Telangana High Court has held that the absence of independent witnesses does not automatically warrant the acquittal of an accused when the allegations are grave, such as rape. The Court reiterated that when the narration of the victim did not disclose any witnesses, the Court cannot assume to the contrary.

“Even accepting that the shop was in a busy place, according to the victim she was assaulted and she lost consciousness for some time. In the said circumstances, when it is not the case of the accused that at the time when the alleged assault or dragging the victim into the shop, there were any neighbours or anyone else present, the argument that independent witnesses were not examined by the Police during the investigation, does not hold water. Court cannot assume that people were present and that they were not examined, unless stated by witnesses.”

MSMED Act Prevail Over Arbitration Act, Seller Can Approach Facilitation Council Even In Presence Of Arbitration Act: Telangana High Court

M/S. Lignite Power Pvt. Ltd. vs M/S Totale Global Private Ltd

2024 LiveLaw (Tel) 116

The Telangana High Court bench of Justice B. Vijaysen Reddy held that the provisions of the MSMED Act, 2006 will prevail over the Arbitration and Conciliation Act, 1996. The bench held that even if parties have an arbitration agreement, if the seller falls under the purview of the MSMED, it has the right to seek resolution through the designated authority for its claims.

Andhra Pradesh HC Calls For State's Report On Implementation Of Electronic Monitoring Technology For Road Safety, Directs Strict Adherence To MV Act

Thandava Yogesh v. The State of Andhra Pradesh and others

2024 LiveLaw (AP) 49

The Andhra Pradesh High Court has directed the State Authorities to ensure that safety mandates laid down in the Motor Vehicle Act under Rule 167A of the Central Motor Vehicles (Seventeenth Amendment) Rules, 2021 (for short, “the Rules”) are strictly followed within the State. The Court held:

“The issues highlighted in the present petition are indeed of wide public importance and need to be considered seriously. We, therefore, direct the respondents to file a detailed reply giving the details with regard to implementation of the provisions of Rule 167A in the state of Andhra Pradesh and in particular, the cities which find a mention in the table appended to the said Rule which includes, among others, the cities of Vijayawada, Visakhapatnam and others numbering 13 in all.”

Relief To YSRCP As Andhra Pradesh High Court Halts Demolition Of Party Offices Unless Public Safety Is At Stake

YSRCP vs State of AP 2024 LiveLaw (AP) 50

The Andhra Pradesh High Court has disposed of a batch of writ petitions filed by YSRCP challenging the demolition notices issued to the party offices of 10 districts, with a direction that no demolition order should be confirmed without hearing the Party concerns.

Justice B. Krishna Mohan also said demolitions can be carried out only if the building structure in question is adversely affecting public safety. The order stated:

The petitioners are permitted to submit the explanations/ additional explanations, if any, enclosing all the necessary documents and the other proofs if any in support of their claims within a period of two weeks from today to the authorities concerned for the above said purpose.The power of demolition should be exercised by the respondent authorities concerned only if the deviations made during the construction are not in public interest or cause public nuisance or hazardous or dangerous to the public safety including the residents therein and if the deviations are minor, minimal or trivial, or do not affect public at large the respondent authorities shall not resort to demolition."

Prevent Slaughtering Of Livestock In Public, Monitor Certification Of Slaughter Houses: Andra Pradesh HC To Nodal Officers Appointed By State

Vinod Kumar Rajpurohith v. State of Andhra Pradesh & Ors.

2024 LiveLaw (AP) 51

In a plea against the illegal staking of cattle in the Vijayawada region without proper documentation, the Andhra Pradesh High Court has instructed the Nodal Officers appointed for the prevention of animal cruelty, to monitor the situation strictly.

The single judge bench of Dr. Justice K. Manmadha Rao noted that the 26 Nodal Officers appointed across the state in pursuance of the High Court's earlier order dated 08.05.2024 [WP (PIL) No. 102 of 2024] should take measures to stop the functioning of slaughterhouses without certification from authorities. The appointment of nodal officers was also widely publicised in the media, according to the public prosecutor.

Other Developments:

Can Govt Increase Film Ticket Prices? Andhra Pradesh High Court To Consider In Plea Filed Over Prabhas Starrer 'Kalki'

The Andhra Pradesh High Court is set to consider whether the State government has powers to hike the ticket prices of any film.

The question sprouted in a PIL challenging Andhra government's decision to increase the 'rate of admission' for film 'Kalki 2898 AD', which hit the theatres on June 27.

The plea challenges a clause in GO dated March 7 issued in exercise of powers under the Andhra Pradesh Cinemas (Regulations) Act, 1955, which states that government is authorized to fix the rate of entry for a super high budget film for the first 10 days.

Andhra Pradesh High Court Calls For State's Response On Plea Challenging Non-Appointment Of Public Prosecutors, Asst Public Prosecutors

The Andhra Pradesh High Court has ordered notice to the State, The Director General of Police and Andhra Pradesh State Level Police Recruitment Board and the Director of Police in a PIL filed, challenging Public Prosecutors, Additional Prosecutors, and Assistant prosecutors.

While ordering notice and directing the respondents to file their counters, the Division Bench of Chief Justice Dhiraj Singh Thakur and Justice Ninala Jayasurya orally observed:

“This is a relevant issue, Courts are also paralyzed, please file your response.”

Andhra Pradesh & Telangana High Court Weekly Round-Up: 01 July - 07 July, 2024

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“This is a relevant issue, Courts are also paralyzed, please file your response.”

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