In a big relief to senior Telangana Rashtra Samithi leader and former state health minister Eatala Rajender, the state high court on Tuesday dismissed the report submitted by Medak district administration to the state government charging him with encroaching upon assigned lands for setting up poultry farms.
The high court found fault with the government for hurriedly preparing the report against Eatala without even giving him or his company a chance to present their version and taking their consent in surveying the lands.
The high court asked whether the inquiring authorities gave any notice to Eatala and his family members or his company – Jamuna Hatcheries and sought their explanation.
It wondered whether the Collector had enormous powers to trespass into the lands of others without proper legal documents.
The advocate general tried to defend the government action stating that orders were issued and inquiry was conducted between April 30 and May 1. He said the lands were assigned and no constructions should be taken up on these lands.
But the high court was not convinced with his argument and said the government had not followed the rule of law and principles of natural justice. It said when the report of the collector itself was completely faulty, the government cannot take any action.
Stating that the government should go through the royal route in inquiring into any such irregularities instead of adopting backdoor methods, the high court served notices to all the respondents in the case, including the chief secretary, collector and revenue officials and directed that the government should file a detailed counter affidavit in the case.
The court rejected the inquiry conducted by the Medak district administration on May 1 and 2 and ordered that notices be served on Eatala and other petitioners in a proper manner and give them sufficient time to respond as per the rules.
The court posted the case to July 6 for further hearing. It would mean the government cannot take any hasty decision on Eatala like arresting him and prosecuting him, there by giving him much needed reprieve!