Telangana High Court

Telangana High Court addresses illegal construction and excise officer transfer issues

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Social worker Akula Satish filed a PIL case challenging the inaction of the Irrigation and CAD Department, HMDA, District Collector, and other government officials in addressing illegal constructions on the subject land. Telangana High Court

Telangana High Court
Telangana High Court addresses illegal construction and excise officer transfer issues

Hyderabad: On Friday, a two-judge bench of the Telangana High Court, led by Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, addressed a public interest litigation concerning illegal construction carried out by Vasavi Infra LLP within the Full Tank Level (FTL) area of Kunta Cheruvu (tank) in Bachupally, Medchal Malkajigiri district.

It is the case of the petitioner that, despite several representations there was no response from the concerned authorities.

The petitioners further argued that such constructions fall within the buffer zone and pose a threat to the environment and the general public. The counsel for Vasavi Infra stated that the building did not fall within the Full Tank Level (FTL) area of Komati Kunta Cheruvu.

He assured the court that his client was prepared to provide an undertaking to that effect. After considering the arguments presented by both parties, the bench instructed the petitioner to submit photographs related to the construction and the survey report dated 25.04.2024 prepared by the Surveyor and Assistant Executive Engineer at the Mandal Revenue Office, Bachupalli Mandal.

In accordance with this, the case was scheduled for April 30th. Regarding the issue of the transfer of excise officers by the Election Commission of India, the Telangana High Court reserved its orders in a public interest litigation case on Thursday.

The division bench, consisting of Chief Justice Alok Aradhe and Justice J. Anil Kumar, addressed a PIL filed by Bondili Nagadhar Singh, a retired government servant, challenging the Election Commission of India’s decision not to transfer Excise Officers and exempting them from transfers.

The petitioner’s counsel argued that there should be a reasonable classification between officers subject to transfer, and the Election Commission of India must establish a reasonable nexus.

Avinash Desai, Senior Counsel representing the Election Commission of India, argued that ECI regulations are universally applicable across India, and officer transfers align with the electoral code, ensuring officers are moved out of parliamentary constituencies as per the regulations.

He argued that while excise officers may be involved, they are not integral to core functions, and there exists a reasonable classification distinguishing them from officers who perform core functions outside parliamentary constituencies.

He also affirmed that the Election Commission of India must issue guidelines that are of paramount importance to society, even if they might adversely affect the administrative machinery of the government.

He argued that an inter-departmental portal is established for seizing alcohol, money, and drugs by any officers, including those of the flying squad. Therefore, the fact that excise officers are not transferred would not make any significant difference.

After considering the arguments presented by both parties, the bench reserved the matter for orders.

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