This petition challenged the formation of a new district as arbitrary and unconstitutional. The court observed that the Mulugu district had already been formed and declared the writ petition infructuous without engaging with the substantive merits of the challenge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original J urisdiction)
THURSDAY. THE THIRTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WP(PIL) NO: 122 OF 2016
Between:
AND
B. The District Collector. Warangal District,, Subedari, Hanamkonda, Warangal _ 506001.
...RESPONOENTS
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to lssue an appropriate writ, order or Direclion, more particularly one in the Nature of Mandamus declaring the action of the Bth respondent inviting objections to formation of the Jayashanker (new) at Bhupalapally District through cazette No. 30/ wGL/2016 Dl:22-08-2016 in pursuance of the G.o.Rt.No.363 & G.o.Rt.No.372, dt:22-08-2016 issued by the Sth respondent as illegal, arbitrary, unjust, unfair, irrational, perverse, mockery, unlawful, unco nstitutiona l, without jurisdiction and againsttotheArticle 14, 19,21 ,244,3a9,342and 366of constitutionof tndiaand against to the v schedule of constitution of lndia and against to the provisions of the Andhra Pradesh scheduled Areas Land rransfer Regulation, 1g59 and agarnst to the provisions of the PESA (panchayats Extension to the scheduled Areas) Act, 1996 as amended Act 7i 1 998 and the Rules 2011 through its G.o.Ms.No.66 of the State Government of Andhra pradesh dl:24-03-2011 , against to the provisions of the Andhra Pradesh District (Formation) Act, 1974 as amended Act, 711974 and against to the catena of Judgments of this Hon'bre court and an Apex court and consequently direct the 1st & 3rd respondents to consider the representation of the petitioner dated 08-09-2016 to form Sri Sammakka Sarakka District as Head Quarters at Mulugu Town
l.A. NO: 1 OF 2016(W,(PlL)MP. NO: 216 OF 2016
Petition under iection 151 CPCpraying that in the circumstances statedin the affidavitfiled in srpportof thepetition, the High Court may bepleased directthe 1st and 3rd responde nt to consider the representations of thepetitoners dt:08-09- 2016 and to form the )istrict of Sri Sammakka Sarakkaas HeadQuarters at lVlulugu Town in accordance vr ith the variousprovisions of the ScheduleiAreasActs and the V Schedule of Constitr tion of lndiapendingdisposal of the aboveWritPetition
I,A. NO: 2 0F 2016(Wl ' MP. NO: 17 F 2016
Petition underr;ection 151CPC prayingthat in the circumstancesstated in the affidavit filed in;upport ofthe petition,the High court rnay be pleasedto suspend theproceed 1gs ofthe Bth respondent in inviting the ob.lectionsto form Jayashanker(new) a BhupalapallyDistrict through GazetteNo, 30/ WGL/ 2016 Dt:22-08-20 16 inpurs rance of the G.O Rt.NO.363 & G O.Rt No. 372,dt22-O8-2o16 issued by the sth resprndent pendingdisposal of tile aboveWrit Petition Counsel for the Petitioners:SRI PRABHAKAR CHIKKUDU
Counsel for Respondr'nts:THE ADVOCATE GENERAL
The Court madethe f< llowing:ORDER
THE HON'BLE THE CHIEF JUSTICE SATISH CHAND RA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUI{ARAMJI
WRIT PETITI ON (PILI No.l22 of 2O16
ORDER: (Per the Hon'ble the Chief Justice Satish Chand.ra Sharma)
Learned counsel for the petitioners is lair enough in stating before this Court that Mu1ugu District has been formed and therefore, the writ petition has become infructuous.
The Writ Petition is accordingly disposed of as infructuous. The miscellaneous applications pending, if ai-iy, shall stand closed. There sha_ll be no order as to costs.
\
SD/- V.KAVITHA ASSISTANT REGISTRAR /iTRUE COPYi/ qo SECTION OFFICER
To.'1 . One CC to Sri Prabhakar Chikkudu Advocate [OPUCI 2. Two CCs tothe norotliL-ei'nei"[n;gr,-corrttorthe state of Telangana.[oUT]
?
HIGH COURT
DATED: 3011212021
ltrr:5iAi"::
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ORDER
WP(PIL).No.122 of 2016
DrsPoslNG oF THE WP(PIL) AS INFRUCTUOUS,
.9,
rAtp?
v)
K*
WITHOUT COSTS
2 issues framed by the court
Whether to quash or stay the formation of new districts by respondent district collector pending disposal of the writ petition.
Whether the existing petition questioning the Jayashanker district formation becomes infructuous given the creation of the Mulugu district.
5 provisions across 5 enactments
Masiragani Vinay Kumar
Podem Veeraiah
Secretary, President of India
Union of India
State of Telangana
Chief Commissioner of Land Administration
Satish Chandra Sharma
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
