AP High Court Flags Excessive Compassionate Appointments, Says Educated Youth Left Waiting 'In Silence'

The Andhra Pradesh High Court has emphasised that compassionate appointments are only an “exception” to the rule of equal opportunity in public employment, and the 'staggering' number of compassionate appointments (20,801) made since bifurcation of the State in 2014 is reflective of the consistent violation of Article 16 of the Constitution by stakeholders in the name...

Conditional NOC Doesn't Authorize Unilateral Cancellation By Authorities: AP High Court Warns Of Adverse Impact On Constitutional Rights

Extensively explaining the repercussions of failure to follow principles of natural justice while passing quasi-judicial or administrative orders, the Andhra Pradesh High Court has observed that such failure can seriously undermine citizens' constitutional rights, weaken public confidence in governance, and disproportionately harm rural communities.Justice Maheswara Rao Kuncheam was dealing...

Unregistered Gift-Deed Cannot Form Basis Of Declaration Suit, Registration Mandatory U/S 123 Transfer Of Property Act: AP High Court

The Andhra Pradesh High Court has emphasised that in a suit for declaration, “documents are the foundation of litigation”, and thus, placing reliance on an unregistered gift deed would constitute a nullity as per Section 123 of the Transfer of Property Act.For reference, Section 123, TPA provides that for the purpose of making a gift of immovable property, the transfer must be effected by...

Withholding Pension For Decades Due To Pending Trial Endangers Fundamental Right To Life: Andhra Pradesh High Court

While emphasising that pension is not bounty, gratuity, or ex-gratia payment dependent on the employer's will, the Andhra Pradesh High Court has directed the release of the long-pending pension and retirement benefits of a 79-year old retired employee (petitioner), who was earlier denied the same on the grounds that a criminal case and disciplinary proceedings alleging misconduct were...

Minor Defects In Chargesheet Don't Entitle Accused To Default Bail: AP High Court Cancels Bail In Case Involving 808Kg Contraband

The Andhra Pradesh High Court has cancelled the statutory bail granted to three accused in a narcotics trafficking case involving over 808 kilograms of contraband (ganja), holding that minor procedural defects in the chargesheet cannot justify default bail when it was filed within the statutory time limit.Initially, the Directorate of Revenue Intelligence had conducted an operation on...

Follow Temple Norms Barring Foreign-Returned Priests From Worshipping At Sringeri Sharada Peetham: AP High Court To State

The Andhra Pradesh High Court has directed the State to follow endowment departments 2010 Circular and directions issued by Jagadguru Shankaracharya of Sringeri Sharada Peetham in 2024 wherein priests who have travelled abroad cannot enter the temple's sanctum sanctorum and worship the deity. The petitioner, a priest, alleged that the State was not following a 2010 notification issued by the...

TDR Bonds Not Mandatory Under 2013 Land Acquisition Law; State Must Follow Statutory Compensation Scheme If Acquisition Refused: AP High Court

The Andhra Pradesh High Court has reiterated that Transferable Development Rights (TDR) bonds are not mandatory to be accepted by claimants under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and upon refusal the State is bound to initiate compensatory proceedings in accordance with the provisions of the 2013 Act.Justice...

AP High Court Declines Party's Apology For Selling Property In Violation Of Court Order, Orders ₹10K Costs & 1-Month Imprisonment

The Andhra Pradesh High Court has refused to accept an apology tendered by an individual contemnor (Respondent 2), who mortgaged a disputed property and sold part of it to third parties despite a Court order specifically restraining him from doing so, while holding that the disobedience was a “conscious” and “deliberate” act.Justice Ravi Nath Tilhari and Justice Maheswara Rao...

'Child Welfare Prevails Over Foreign Orders': AP High Court Rejects Father's Plea Seeking Enforcement Of UK Court Custody Order

While dismissing a writ of of habeas corpus filed by a father before the Andhra Pradesh High Court seeking custody of his minor-child (a UK citizen) in order to enforce an order passed by the Family Court of England, the High Court has observed that such a writ cannot be employed to enforce foreign court orders, and reaffirmed that the minor's welfare is paramount and prevails over...

Clubbing Multiple Contracts In One Writ Petition Maintainable Subject To Payment Of Aggregate Court Fee: Andhra Pradesh High Court

The Andhra Pradesh High Court has observed that in writ petitions relating to contractual matters where the causes of action are different and distinct, a single writ petition is maintainable, however, subject to payment of aggregate court fee as prescribed in Section 6(3) of the Andhra Pradesh Court-Fees and Suit Valuation Act, 1956 (1956 Act).For reference— Section 6(3) states that where...

Non-Compliance Of Judicial Orders By Govt Officials 'Shameful', Derogatory To Constitution: Andhra Pradesh High Court

The Andhra Pradesh High Court has set-aside a contempt conviction against senior government officials, accepting their unconditional apology for delay in complying with a previous order of the Court, and has subsequently emphasised that officials adopting a casual approach in complying with Court orders not only undermines the Constitution, but is also “shameful” to the position and...

Electricity Supply Can't Be Denied To Occupant Due To Ownership Dispute: Andhra Pradesh High Court

While emphasising that electricity is a basic necessity, the Andhra Pradesh High Court has observed that mere pendency of civil litigation does not constitute grounds for discontinuation of power supply to a consumer, unless there exists an order explicitly restraining supply of electricity.Justice Ninala Jayasurya was dealing with a writ petition filed by a 62-year old woman who had purchased...