Hyderabad:Following aggressive Telangana High Court monitoring of the alleged illegal constructions by the Barrister Fatima Owaisi Educational Institutions (KG-PG) within the full tank level (FTL) and buffer zone of Salkam Cheruvu, the school education department on Friday submitted that it had not given permission to conduct classes in the disputed construction for this academic year.
T. Venkata Raju, counsel for the school education department, orally submitted that no approvals were granted to the institutions for Classes 1 to 10. He submitted he was not aware about approvals regarding higher classes for the Intermediate, undergraduate and postgraduate courses. He said the higher education and technical education departments grant approvals for higher classes.
Justice N.V. Shravan Kumar was hearing a petition filed by advocate Vijay Gopal, who had complained of the inaction of HYDRAA on his repeated complaints regarding illegal constructions and alleged encroachments in the Salkam Cheruvu (Bandlaguda Khalsa). According to him, half of the lake area was covered by illegal constructions. The Barrister Fatima Owaisi Educational Campus KG-PG and Salar-e-Millat Educational Trust had constructed huge buildings in the land and was running the educational institutions.
On April 30, Justice Shravan Kumar had directed the school education to inform parents and students pursuing their academics in the alleged illegal constructions (college and school buildings), was subject to the outcome of the writ petition.
Further, the judge had directed principal secretaries of the revenue, irrigation, municipal administration and the school education departments to conduct a detailed inquiry on all the officers of the departments concerned who had not taken action against the alleged encroachments during the course of construction of the college from 2015. The court directed the authorities to furnish a detailed report July 3, after completion of the inquiry and the action taken.
None of the departments filed a report on Friday, and HYDRAA did not respond to the allegation of inaction on the complaints. The absence of any response from the government authorities irked the court, which cautioned that it would issue appropriate directions if the report was not filed within one week and gave a final chance of one week to the file report by July 9.
The court expressed doubts on not filing the vakalath by the Barrister Fatima Owaisi Educational Campus KG-PG and Salar-e-Millat Educational Trust. Counsel appearing for trust submitted that they would cooperate with the survey. The judge recalled that the said counsel had also appeared during the previous hearing but no vakalath filed so far. “Are you playing fraud with the court,” Justice Shravan Kumar asked counsel.
No further probe needed into Vivekananda Reddy murder case, CBI tells court
Hyderabad:The CBI submitted to the special court here that no further investigation was warranted into the murder case of former MP Y.S. Vivekananda Reddy, asserting that a comprehensive probe has been completed and a third supplementary chargesheet filed. In a detailed counter-affidavit on Friday, the agency sought dismissal of a petition filed by Dr Narreddy Sunitha, the victim’s daughter, seeking further investigation and contended that the plea was legally untenable and was delaying the commencement of the trial. The CBI stated that it had examined the controversy surrounding the exchange of messages between Kiran Yadav and Arjun Reddy, including obtaining an expert opinion from the Central Forensic Science Laboratory (CFSL), Delhi.
HC restores bank’s auction of Bandla Ganesh family property
Hyderabad:The Telangana High Court has restored the auction sale of a prime Jubilee Hills property belonging to the family of film producer and actor Bandla Ganesh, holding that insolvency proceedings against a corporate borrower did not automatically protect personal guarantors from recovery action.
The court allowed a writ petition filed by Union Bank of India (UBI) and set aside the order of the Debts Recovery Tribunal-II (DRT-II), Hyderabad, which had annulled the auction sale of the mortgaged property, directed restoration of possession to the guarantors, and ordered refund of the auction purchaser’s consideration of `8.5 crore with six per cent interest.
According to the UBI chief manager, the dispute arose from recovery proceedings initiated by the bank against Sri Parameshwara Poultry Farm Pvt. Ltd, a company promoted by Bandla Ganesh, his father and brother. The company had availed credit facilities of about `83.16 crore, while Ganesh, his father and other family members had executed personal guarantees and mortgaged their individual properties as collateral security.
After the loan accounts were classified as non-performing assets (NPAs) in April 2017, the bank invoked the provisions of the Sarfaesi Act and auctioned one of the secured properties situated at Jubilee Hills for `8,50,76,750.
The DRT-II had subsequently set aside the sale, accepting the guarantors’ challenge based on the pendency of insolvency proceedings initiated before the National Company Law Tribunal (NCLT) against the corporate borrower under the Insolvency and Bankruptcy Code (IBC).
Before the High Court, senior counsel B.S. Prasad, appearing for Union Bank of India, and senior counsel Mayur Reddy, representing the auction purchaser, contended that the DRT-II had committed jurisdictional errors by misapplying the provisions of the IBC and ignoring settled legal principles governing personal guarantors. They argued that the moratorium imposed upon admission of insolvency proceedings against a corporate debtor did not extend to personal guarantors unless separate insolvency proceedings are initiated against them under the IBC.
The bank submitted that the auction proceeds had already been adjusted towards a one-time settlement (OTS) and that Ganesh and the other guarantors had agreed to withdraw pending litigation, including the securitisation application before the DRT-II. Despite this admitted position, the tribunal proceeded to adjudicate the challenge and nullified the auction sale, the bank argued.
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