HYDERABAD: A Division Bench of the Telangana High Court made it clear that the statutory provisions of law empower the state government to create a new district, revenue division, or mandal by uniting two or more districts, by increasing the area of any district, by diminishing the area of any district or even by changing the boundaries of the district, revenue division or mandal.
The bench headed by Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili opined that the petitioners have not been able to point out infringement of any fundamental right and the creation of new districts, revenue divisions or mandals is purely a policy decision of the state government, the GO has been issued strictly inconsonance with the Telangana Districts (Formation) Act, 1974 and the Telangana District (Formation) Rules, 2016 and therefore, this court does not find any reason to interfere with the policy decision formation of new districts.
The court further declared that the petitioners have not been able to establish mala fides, extraneous consideration, or arbitrariness in the matter of creation of new districts, revenue divisions, or mandals, and therefore, in the absence of mala fides, extraneous consideration or arbitrariness, the judicial review cannot be exercised keeping in view of the peculiar facts and circumstances of the case, the public interest litigation (PIL) is dismissed.
Rangu Bala Laxmi and four others have filed the PIL aggrieved by the creation of new districts in the State of Telangana. The petitioner’s contention is that the formation of new districts is contrary to the statutory provisions as contained in the Telangana Districts (Formation) Act, 1974 and the Telangana Districts (Formation) Rules, 2016. The Petitioner's grievance is that the representations from the public at large have not been looked into and the petitioners sought to quash the GO 240.
Counsel for the petitioners told the court that the state should first notify the preliminary notification and seek opinions and objections from the people. It was not done at all, as the rules mandate the government to display the preliminary notification in grama chavidis and the office of gram panchayats.
Government Pleader (GP) informed the court that this is a policy decision of the state and that the courts should not interfere. He quoted several Judgments of the Supreme Court and various High Courts in this regard.