Telangana High Court dismisses PIL challenging land transfer

Published: Published Date – 11:50 PM, Wed – 16 February 22

Hyderabad: A two-judge panel of the High Court comprising Chief Justice Satish Chandra Sharma & Justice Abhinand Kumar Shavali dismissed a PIL challenging the transfer of land to an extent of 95 acres in Sy.No.191/1 of Kollur Village in Sy.No. 30/1 under nonexistent survey numbers as per revenue records. The Bench was dealing with a PIL filed by one Madhusudhan Reddy who contended that the land was transferred to a private respondent who in turn sold the same to BHEL Employees Model Mutually Aided Cooperative House Building Society Ltd. The panel held that the BHEL Employees Model Mutually Aided Society sought exclusion of the property from the prohibitory list earlier when the dispute arose. “Once the controversy is adjudicated, it cannot be adjudicated again and again,” the panel said and dismissed the writ plea.

Bail granted in sexual assault case
Justice K Lalita of the Telangana High Court on Wednesday granted bail to Chepyala Kodanda Rama Reddy Ramananda of Prabhu Petadipathi Sai Dhamam Ashramam at Pedda Paravathapur in Bhongir District. A devotee had lodged a complaint against Chepyala Kodanda Rama Reddy Ramananda stating that the accused used to misbehave with her and exploited her sexually when she was in Class VI as she was an inmate of the ashram. She further stated that the accused sexually assaulted her again in 2018 when they had gone to Shirdi. Taking into consideration that the petitioner was languishing in jail for 45 days, apart from the fact that the statement of the victim was already recorded, Justice Lalitha granted bail to the accused on condition that the accused execute a personal bond for a sum of Rs 20,000 with two sureties.

Accused told to surrender
Justice K Lakshman of the Telangana High Court directed Kamma Srinivas, director of a subsidiary of Madhucon group of TRS MP Nama Nageswara Rao, Kancharla Srihari Babu and Omni Medi company MD Kancharla Srihari Babu, allegedly involved in the mishandling of funds allotted for the execution of a 4-lane road on NH-33 from Ranchi to Jamshedpur, to surrender before the Designated Court within ten days from Tuesday.

The designated court was directed to consider the application of a remand afresh in accordance with the law. The Department of Enforcement has complied with the twin conditions of Section 45 of the PMLA. It is the case of the prosecution that the accused are not cooperating in the investigation. There is every possibility of tampering of evidence and hampering record in collusion with the other accused the officials said.

In the current case, since there is some inconsistency in CrPC and PMLA provisions, the PMLA provisions will prevail, the judge said while setting aside the MSJ orders in both cases and asked him to consider remand application filed by ED afresh. When the ED arrested the accused and produced them before the ED court, the Sessions Judge refused to recognize the remand report furnished by ED and returned the same. He opined in all cases where IPC sections carry jail terms less than seven years, police have to issue a prior notice to accused under section 41-A of CrPC. Since that was not followed, the trial court judge said he will not send accused to judicial remand.

The judge said ED acts under PMLA, a special law. ED court had no power to return the remand applications. Economic offenses have to be dealt with seriously, he said, while adding there are enough provisions in PMLA to protect people from illegal arrests and punish unfair officers. The judge dismissed anticipatory bail applications filed by the accused.

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