Andhra Pradesh High Court
Decades Of Possession Doesn't Create Ownership Or Compensation Rights On Encroached Land: Andhra Pradesh High Court
The Andhra Pradesh High Court has observed that illegal encroachers of Government land cannot claim compensation and invoke the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, despite acquiring the land from their ancestors or having possession of the same for decades.Justice Harinath N was dealing with a batch of petitions whereby residents of Gunadala area in Vijaywada (petitioners) had challenged proceedings of 2023, whereby the...
Andhra Pradesh High Court Grants Bail To APCLC Leader Accused Of Displaying 'Satyameva Parajayate', 'Fight Hindu Fascism' Banners
The Andhra Pradesh High Court on Wednesday granted regular bail to a 60-year-old practising advocate and senior leader of the Andhra Pradesh Civil Liberties Committee (APCLP) accused of displaying banners where the National Emblem was morphed and the motto "Satyameva Jayate" was altered to "Satyameva Parajayate". A bench of Justice Venkata Jyothirmai Pratapa observed that nothing remains to be seized from him and that no necessity was shown for his further custodial interrogation. ...
“Can't Cry Foul After Engaging Services”: AP High Court Reprimands State For Withholding Contractor's Dues Citing Financial Crunch
The Andhra Pradesh High Court has reprimanded the Naidupeta Municipality authorities (Respondent 3) for withholding payments due to a contractor (petitioner) against completion of public works on account of financial constraints, observing that the Municipality cannot employ the services of third parties and then evade payment obligations on the pretext of financial hardship.The Municipality had engaged the petitioner for construction purposes, however, bills amounting to Rs.7,89,724 towards...
S.311 CrPC | Power To Recall Witness Can Be Exercised Even After Case Reserved For Judgment: Andhra Pradesh High Court
The Andhra Pradesh High Court has observed that where neither party seeks to examine a witness whose evidence the Court considers necessary to arrive at a just decision, then the Court can invoke its power to recall or re-examine the witness at any stage of the trial, as contemplated under Section 311 of CrPC r/w Section 165 of Evidence Act, and such power can be exercised even after closure...
'State Largesse Can't Be Monopolized': High Court Quashes APSRTC Tender For Allowing Single Person To Corner Multiple Shops
The Andhra Pradesh High Court has held that the allocation of multiple commercial spaces by State instrumentalities to a single individual is a "pernicious practice" that incentivises monopolistic behaviour and fosters vested interests, thereby undermining the public interest and the Directive Principles of State Policy.Justice Gannamaneni Ramakrishna Prasad was dealing with a bunch of...
Use Of AI-Generated Fake Citations Doesn't Vitiate Order If Correct Law Applied: Andhra Pradesh High Court
The Andhra Pradesh High Court has observed that mere mention of non-existent citations generated by Artificial Intelligence (AI) in a judicial order would not vitiate it, if the law considered is correct and there is no fault in its application to the facts.The Court observed so while dismissing the challenge to a Trial Court order, where the judicial officer had, while upholding an...
Promotees Occupying Direct Recruit Slots Temporarily Can't Claim Seniority Over Them: Andhra Pradesh High Court
The Andhra Pradesh High Court has dismissed a writ petition challenging the revision of a 2007 seniority list of Prohibition & Excise staff, holding that promoted officers cannot claim seniority over direct recruits who subsequently joined service simply because they temporarily occupied the slots meant for the latter.A Bench of Justice Cheekati Manavendranath Roy and Justice Tuhin...
Lack Of Documents Not Enough To Reject Caste Claim; Burden Of Proof On Authorities Who Deny ST Status: Andhra Pradesh High Court
The Andhra Pradesh High Court has set-aside a government order whereby an individual was rejected Scheduled Tribe (ST) status, holding that the burden of proving that an individual does not belong to the ST category lies on the authority who disputes it.In the present case, the petitioner belonged to Konda Kapu caste (a listed ST community under Presidential Order, 1950) and his status...
Vacancies Must Be Excluded While Computing Two-Thirds Majority For No-Confidence Motion: Andhra Pradesh High Court
The Andhra Pradesh High Court has dismissed a writ petition filed by the President of Kurnool Mandal Praja Parishad, who challenged a no-confidence motion against her on the ground that it lacked the requisite two-third majority— holding that the calculation of the “total number of members” must be based on the effective strength of the Parishad excluding vacancies.While the Parishad had...
Compassionate Appointment Can't Be Rejected Merely On Ground Of Delay If Financial Distress Is Established & Delay Is Explained: Andhra Pradesh HC
A Division Bench of the Andhra Pradesh High Court comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela held that compassionate appointment cannot be denied solely on the ground of delay when the delay is due to lack of awareness of rules and the family's financial distress is established. Further it was directed that the authorities must make a balanced...
"Against Interest Of Advocates”: AP High Court Quashes BCI Order Enhancing State Bar Council Election Nomination Fee From ₹30K To ₹1.25 Lakh
The Andhra Pradesh High Court has set aside proceedings by the Principal Secretary, Bar Council of India (BCI) enhancing non-refundable nomination fee for contesting elections to the State Bar Councils from Rs.30,000 to Rs.1,25,000.The enhancement was made on the grounds that the respective State Bar Councils were facing acute shortage of funds as the Supreme Court had reduced the enrolment...