The High Court disposed of consolidated PILs challenging the constitutional validity of the A.P. Reorganization Act, 2014, observing the matter was pending before the Supreme Court.
Liberty granted to file appropriate application before the Supreme Court pending before which the main challenge is pending.
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 OFTELANGANA AT HYDERABAD
MONDAY .THE THIRD DAY OF JANUARY
TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE THE CHIEFJUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICEABHINAND KUMAR SHAVILI
PUBLIC INTEREST LITIGATIONNOS:43 AND 109 OF 2014
PIL No: 43 ol 2014
Betwee n:
(Petitioner No. 2 is impleaded asper court orderdated 28.04.2O14in P|LMP.No. 114 of 2014.)
...PETITIONERS
AND
(iB is impteaded asper Court Order daled0710712014in PILMP.No '223 o'f 2014.)
,..RESPONDENTS
<.--- <-)/,/-
Petition under Article 226 of the Constitution of lndiapraying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ or direction in the nature of mandamus under Article226 ofthe Constitution of lndia declaring that [b] Article 3 of the Constitution oflndiahas violating the basic structure andpreamble of the Constitution oflndia apart from inconsistent to otherprovisions of the Constitution of lndiaparticularly Article-3 of the Constitution of lndia.(c) The Constitution of lndia 5(Amendment)Act'1 955, in so far as it relates to not ascertaining the view from the said Legislature with respect to proposal to introduce the bill and with respect to provisions of the bill thereof is concerned as well asprescribing time to express views of theLegislaturepertaining to theproposed bill as well asprovisions of Bill is concerned is violating basic structure andpreamble of the Constitution of lndia as well as against thedemocratic principle envisaged in the Constitution of lndia and set aside the same. (c) And Pass such other order or orders as the Hon'ble High Courtpass such other order or orders as it deems fit andproper" to theprayer already sought in the PIL No.43/2014.
(Prayer is amended as per Court Order dated 17-11-2014 in PlLMP.No. 405 of 2O14.)
PILMP. NO: s5 OF 2014
Petition under Section 151 CPCpraying that in the circumstancesstatedin the affidavit filed in support of thepetition, the High Court may bepleased to Stay all further proceedings andprocess inpursuance of A.P.State ReorganisationBill, 2013, pending disposal of the writ petition
PILMP. NO: 164 OF 2014
Petition under Section 151 CPCpraying thatin thecircumstancesstatedin the affidavit filed in support of thepetition, theHighCourt may be pleasedto direct the respondents to maintain statusquo as ontoday or prior to 2.6.2014 i.e. to continue the United State of Andhra Pradesh,in the interest of justice
Counsel for the Petitioner No. 1:SRl. P.V.KRISHNAIAH (PARTY-IN'PERSON)
Counsel for the Petitioner No. 2:SRI.KOLLI SIVARAMI REDDY, PARTY-IN- PERSON
Counsel for the Respondent Nos. 1 to S:SSR|. N RAJESHWAR RAO, ASST. SOLICITOR GENERAL
Counsel for the Respondent No. 6: GP FOR GAD/THE ADVOCATE GENERAL(AP)
Counsel for the Respondent No. 7: SRl. AVINASH DESAI
Counsel for the Respondent No. 8: GP FOR GAD/THE ADVOCATE GENERAL (TS)
r)/-
(
PIL NO: 109 OF 2014
Between:
P.V. Krishnaiah, s/o. Late Sri Lakshmi Narasimham, aged 56years,Advocate r/o. H. No. 5-1 -681I 1 -2 lyyangar PlazaComplex, Bank Street,.Hyderabad
...PETITIONER
AND
(Respondents 4 to 8 are deleted asper CourtOrder dt: 71412014.) (Petitioner in PIL No. 103 of 2014 is impleaded asR9, as per Court Order dated 07-04-2014 in PlL.No. 109 of 2014.)
(R10 is impleaded as per Court Order dated 30/06/2014in PILN/P.No.226 of 2o14.)
(R11 is impleaded asper Courl Order dated1410712014 in PlLMP.No. 109 of 2014.)
...RESPONDENTS
Petition under Article 226 ol theconstitutionof lndia praying that in the circumstances stated in the affidavitfiled therewith,the High Courtmaybe pleased to issue a writ, order or directionin the nature of Mandamus or otherwise declaring the
v
A.P. Re-organization Act 2014 [Act 612014) aspublished No. 6 Gazette of lndia,Extra Ordinary Part-ll, Section-1 Dated 01 .03.2014 and consequential Gazette of lndia No.560 Extraordinary Part-ll Section 3 Sub Section [ii] Dated 04.O3.2014, as unco nstitutiona l, undemocratic apart from violating the bas;c structure of lndia, and also violating Article 14, and 21 of the Constitution of lndia apart from being ultra vires to 3, 4,371-D as well as Article 368 of the Constitution of lndia and ultra vires to The Andhra Pradesh Public Employment [Organization of LocalCad res and Regulation of Direct Recruitmentl Order 1975, and set aside the same and issue consequential directions, restraining the respondents from implementing the A.P. Reorganization Act,2013 aspublished No.6 Gazette of lndia, Extra Ordinary Part-ll, Section-1 Dated 01.03.2014 and consequential Gazette of lndia No.560 Extraordinary Part-ll Section 3 Sub Section [ii] Dated 04.O3.2014.
PILMP. NO: 135 OF 2014
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the respondents to forthwith continue the existence of A.P. Administrative Tribunal, Hyderabad, AP,pending disposal of the Public Interest Litigation.
PILMP. NO: 136 OF 2014
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to suspend the operation of the A.P. Re-organization Act 2014 [Act 6/2014] aspublished No. 6 Gazette of lndia, Extra Ordinary Part-ll, Section-1 Dated0'1 .03.2014 and consequential Gazette of lndia No.560 Extraordinary Part-11 Section 3Sub Section [ii]Dated 04.03.2014, pending disposalof the Public InterestLitigation.
PILMP. NO: 144OF 2014
Petition under Section 151 CPCpraying thatin the circumstances stated in the affidavit.filed in support of thepetition, the High Courtmay be pleasedto direct the Registry topost the above PIL Case No.109 of2014 under the caption " For Being Mentioned" in the interst ofjustice.
Counsel for the Petitioner:SRl. P.V. KRISHNAIAH(PARTY-lN-PERSON) Counsel for the Respondent Nos. 1 to 3:SRl. N RAJESHWAR RAO, ASST. SOLICITOR GENERAL
Counsel for the Respondent No. 11: GP FOR GAD/THE ADVOCATE GENERAL (AP)
Counsel for the Respondent No. 10: GP FOR GAD/THE ADVOCATE GENERAL (rs)
Counsel for the Respondent No. 9: NONE APPEARED
The Court made the following:
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SIIARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SIIAVILI
PUBLIC INTEREST LITIGATION Nos.43 and 1O9 of2014
COMMON ORDERi lPu the Hon'bte the Chief Justice Satish chandra sharma)
It has been brought to the notice of this Court the A.P. Reorganization Act, 2014, has already been challenged before the Honble Supreme Court and the same is pending.
In the light of the aforesaid, no further orders are required to be passed in the present public interest litigations. Accordingly, the public interest litigations are disposed of. However, liberty is granted to the petitioner to file appropriate application in the matter, which is pending before the Apex Court.
Miscellaneous petitions, if any, sha.ll stand closed.
There shall be no order as to costs.
SD/-R.KARTHIKEYAN ,TRUE COPY' ASSISTA T REGISTRA + SECTION OFFICER
To,
Hyderabad tO.X6tti - conu"n"|. of Siva RamiRam Reddy, (Party l,4anoharLohia Vignana in person)S/o samithi state Lilli Subba Reddy of A.P R/o Aged H.No. 63 year:'302, irlniru." NilayamA-Block 4th Floor Gorantla Guntur RuralGuntur District
@,'r
1 3. Two CCs to GP for GAD, High Court for the State of Telangana. [OUT] 14.Two CCs to GP for GAD, High Court of Andhra Pradesh, Amaravathi, Guntur District. [OUT] 1 5. Two CCs to the Advocate General, High Court for the State of Telangana, [OUT] 16.Two CCs to the Advocate General, , High Court of Andhra Pradesh, Amaravathi, Guntur District. [OUT] 1 7. Two CD Copies. PIV SW
HIGH COURT
DATED:03/01/2022
COMMON OROER
PlL.Nos.43 & 109 of 2014
1t'. a aj I,i 15
oo | | L:i- 21;ri
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DS.., ':'
Disposing of the PlLs Without costs.
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)n>,-
P.V. Krishnaiah
Kolli Siva Rami Reddy
Union of India
State of Telangana
State of Andhra Pradesh
Election Commission of India
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
