HYDERABAD: The Telangana government on Wednesday told the High Court that until and unless the Cabinet decision is fructified by way of issuance of a GO and approved by the Governor, it cannot be challenged or subjected to judicial review.
The Cabinet decision for privatisation of permits of 5,100 routes in RTC was taken under Section 102 of the Motor Vehicles Act, 1988, hence the petitioner’s apprehensions on the decision is misplaced and misconceived. In fact, the case challenging the decision was filed at a premature stage, it noted by citing some judgments of the SC.
Advocate General BS Prasad was making these submissions before the division bench of Chief Justice Raghvendra Singh Chauhan and Justice A Abhishek Reddy dealing with the PIL filed by Prof PL Vishweshwar Rao, vice-president of Telangana Jana Samithi, challenging the State Cabinet’s decision taken on November 2 to privatise permits of 5,100 routes.
The petitioner sought stay of all further proceedings. Meanwhile, petitioner’s counsel Chikkudu Prabhakar, continuing his arguments, told the court that the State has no power to entrust tapping of natural resources like water, air, gas, crude oil and so on to private entrepreneurs at the cost of people’s welfare, and in the present case the decision to privatise 5,100 permits in RTC is also one of the natural resources.
Not satisfied with the submissions of petitioner’s counsel, the bench directed him to justify his contention that the privatisation of certain routes in RTC falls under the definition of natural resources. In fact, the present PIL is a premature one since the Cabinet decision is meant to initiate the process and Section 102 of MV Act gives ample power to the government to bring in private entrepreneurs into the RTC, the bench observed.
While adjourning the case, the bench extended the interim order directing the state government and road transport corporation authorities concerned not to take any steps which would precipitate the situation, till the next date of case hearing. The bench posted the matter to Nov 22 for further hearing.