B. PEDDABBA NAIDU AND OTHERS Vs. GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY AND OTHERS

JUDGEMENT

(1.) (at the admission stage) The petitioners are residents of different Mandals of Puttur Taluk. The 3rd petitioner is said to be an office-bearer of Telugu Desam Party and other petitioners claim to be sympathisers and workers of the said pariy. Puttur is a Taluk in Chittoor District and Tirupati is a town in Chandragiri Taluk. A District Munsiff's Court was established at Tirupati about a century ago. Later in view of the policy of the Government to have a Court of Munsif-Magistrate for each Taluk, a District Munsif's Court was established in Puttur. The District Munsif's Court at Puttur has within its jurisdiction Kammapalle and Vadamalpet Mandals to which the petitioners belong. In 1971 a Subordinate Judge's Court was established at Tirupati comprising of the Taluks of Chandragiri, Srikalahasti and Satyaveedu. Later Puttur was also included within the jurisdiction of that Subordinate Judge's Court. An additional Subordinate Judge's Court was also established at Tirupati, and another Subordinate Judge's Court was established at Srikalahasti. Consequently the Subordinate Judge's Court at Tirupati was having jurisdiction over the Taluks of Chandragiri, Puttur and Nagari which was carved out of Puttur Taluk. Subsequently an Additional District Court was also established at Tirupati. The advocates at Puttur made several representations to shift the Additional Subordinate Judge's Court from Tirupati to Puttur. A counter-representation was made by the advocates at Tirupati. A report was called for from the District Judge, Chittoor who having regard to the statistics of the cases, opined that a Subordinate Judge's Court can be established at Puttur but it may not be expedient to shift any of the Subordinate Judge's Courts at Tirupati to Puttur. On consideration of the report of the District Judge the High Court recommended to the Government for establishment of a Subordinate Judge Court at Puttur. The Government of Andhra Pradesh (the 1st respondent herein) issued G.O. Ms. No. 559, dated 6-9-1990 sanctioning/establishment of an independent Subordinate Judge's Court at Puttur in Chittoor District. The petitioners challenge the constitutional validity of Sections 12 and 15 of the Andhra Pradesh Civil Courts Act, 1972 (for short "the Act") and the legality of the G.O. issued in exercise of the powers under the above said sections, by praying for a writ of Mandamus to declare Sections 12 and 15 of the Act and the G.O. as illegal, arbitrary, capricious and unconstitutional.

(2.) Sri P.S. Narayana the learned counsel for the petitioners submits that the power conferred by Sections 12 and 15 of the Act is unguided and uncontrolled ; no provision is made to frame rules for exercise of the powers under the Act, as such the sections are unconstitutional. He further submits that the impugned G.O. is issued for political reasons just to cause inconvenience to the public of Kammapalle and Vadamalpet Mandals as the voters of the said Mandals have not supported the 4th respondent, the Minister for Panchayat Raj.

(3.) To appreciate the first contention of the learned counsel it would be apposite to read the impugned provisions here :