HC slams ‘unusual haste’ in Etala probe
Asks which law allowed entry into private land
The Telangana High Court on Tuesday found fault for the Medak district collector and other officials for conducting a survey and inspection in the lands of Jamuna Hatcheries, which belongs to the family members of former minister Etala Rajendar, without issuing notices or intimation to them. The court said that the action was a clear violation of Articles
14, 19, 21 and 300-A of the Constitution, and Section
153 of the TS Land Revenue Act.
“There is no provision of law which is shown to the court under which the district collector has conducted a detailed survey and filed a report. The only reason shown is that a complaint was received against the petitioners stating that assigned lands have been encroached by the petitioners,” the court said.
These observations were made by Justice Tadakamalla Vinod Kumar on Tuesday while hearing a house motion petition filed by Jamuna Hatcheries Private Limited, represented
by its director Etala Nithin and his mother E. Jamuna. The petition was against trespassing by the Medak district collector and other revenue officials into their lands in Hakimpet and Achampet villages of Medak district and conducting the survey without issuing notices to them.
The petitioners urged the court to direct the authorities to not take any coercive steps against them based on a report prepared by the officials, which stated that the petitioners had encroached on 66 acres of assigned land.
Responding to the officials’ hotfoot in preparing a report within 24 hours by conducting a survey and enquiry on allegations, Justice Tadakamalla Vinod Kumar wondered if the Chief Secretary, collectors and other officials showed similar quick response to all complaints, which came to their notice.
“If so, what the authorities have acted on the complaints about violations of GO111. Have the authorities never received complaints, which are grievous to it?” Justice Vinod Kumar asked.
Stating that prima facie there has been a serious violation of the principles of natural justice and also non-adherence of the provisions of the Telangana State Land Revenue Act, Justice Vinod Kumar suggested, “If the government finds any violations and illegalities of encroachment of assigned lands by Jamuna Hatcheries, then go ahead at the front gate, not go by the back gate by violating the rule of law and using the force,” the judge observed.