Hyderabad:Justice B. Vijaysen Reddy of the Telangana High Court disposed of a writ plea seeking protection against alleged coercive recovery measures taken by banks and financial institutions, holding that courts could not grant anticipatory relief in the absence of a cause of action. The judge was dealing with a writ plea filed by Boggavarapu Venkata Ramanaiah, seeking directions against banks, financial institutions and the the Reserve Bank of India (RBI), alleging violation of guidelines governing recovery practices and apprehending harassment by recovery agents. The judge observed that the petitioner availed credit facilities from multiple institutions and was liable to repay the amounts due. The judge observed that the writ plea was founded on a mere apprehension that recovery agents may visit him in future and that there was no allegation of any specific act of harassment or appointment of recovery agents. Holding that neither the High Court nor a civil court could pass anticipatory orders without an existing cause of action, the judge observed that if the petitioner is aggrieved by any individual act of a recovery agent or institution may approach the police or other competent authorities. The judge observed that messages seeking repayment of loans could not by themselves be treated as threatening communications in violation of RBI guidelines. Entertaining writ petitions based on speculative apprehensions, the judge noted, would make recovery of legitimate dues difficult for banks and financial institutions. Observing that parties invoking Article 226 must approach the court with clean hands and establish a genuine cause of action, the judge disposed of the writ petition while warning the petitioner against abuse of the process of court.
Plea on OU exam without completing schedule
Justice Juvvadi Sridevi of the Telangana High Court admitted a writ petition challenging decision of Osmania University to conduct first-year second semester law examinations without completing the prescribed teaching schedule. The judge was hearing a writ petition filed by Mohd Hyder Ali Hashmi, a first year LL.B student questioning the examination schedule notified by Osmania University. The petitioner contended that the university scheduled the examinations without completing the mandatory teaching period prescribed under the applicable academic regulations. It was argued that the truncated academic schedule deprived students of adequate classroom instruction and adversely affected their preparation for the examinations. Counsel for the petitioner submitted that the action of the university was arbitrary, contrary to the prescribed academic norms and in violation of the petitioners right to receive the minimum period of instruction before being required to appear for examinations. It was further contended that conducting examinations without completing the requisite teaching would prejudice the academic interests of the students. The judge directed the respondents to file their response.
HC to hear plea on agri job norms
A two-judge panel of the Telangana High Court admitted a writ appeal questioning the legality of the 2017 notification issued by Telangana Public Service Commission for the post of agriculture extension officer-grade II. The panel comprising Justice P. Sam Koshy and Justice Narsing Rao Nandikonda was hearing a writ appeal filed by V. Nandini contending inter alia that prescription of educational qualifications and qualification-wise allocation of vacancies for the post was contrary to the Telangana Agricultural Subordinate Service Rules (TASSR). It was submitted that despite securing higher marks than several selected candidates, the appellant was denied appointment. Counsel argued that the single judge had erred in interpreting the applicable service rules and government orders governing the recruitment process and in upholding the selection. Counsel contended that the Telangana Public Service Commission lacked the authority to prescribe qualifications or allocate vacancies in a manner inconsistent with the statutory service rules. It was argued that the qualification ratio fixed under the 2017 notification was contrary to the TASSR and that the selection of candidates who secured fewer marks than the appellant rendered the recruitment process arbitrary and illegal. The panel directed the respondents to get instructions in the matter.
Man accused of sabotaging woman’s marriage gets bail
The Telangana High Court granted bail to a businessman accused of harassing a woman and sabotaging her proposed marriage by circulating her photographs to the prospective groom. The court was hearing a criminal petition filed by the accused, employee of a private company in Mancherial, seeking bail in a crime registered by the Wankidi police of Asifabad district. According to the prosecution, the petitioner befriended the de facto complainant through Instagram, obtained her phone number and began communicating with her. During video calls, he allegedly captured her photographs without her consent and thereafter followed and harassed her to compel her to accept his advances. It was alleged that when the marriage of the complainant was arranged, the petitioner sent her photographs to the prospective groom and threatened them with dire consequences, leading to the cancellation of the marriage. The petitioner contended that there was no direct evidence supporting the prosecution case, that the petitioner was in judicial custody since May 14 and that the material part of the investigation already been completed. The court allowed bail subject to conditions.
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