MACHINENI KISHAN RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on the question of maintainability of the writ petition. Petitioner has sought intervention of this Court in exercise of its power under Art. 226 of the Constitution of India for the following reliefs: a) Writ or order or direction more preferably one in the nature of mandamus directing the respondents 1 to 4 herein to consider the unanimous resolution sent to them on 1-11-1996 from M/s. Tclangana Sangharsh Sa-mithi, Hyderabad requesting the respondents 1 to 4 to carve out a separate Telangana State comprising 10 districts namely Adilabad, Karimnagar, Warangal, Nalgonda, Nizama-bad, Mahabubnagar, Medak, Khammam, Hyderabad, Ranga Reddy districts, and; b) Direct the respondents 1 to 4 to establish the separate State of Telangana State that is to be carved out from the present Andhra Pradesh State and pass such other order or orders as" this Hon'ble Court deems fit and proper in the circumstances of the case.

(2.) Respondents 1 to 4 in the writ petition are - (1) Union of India, Represented by Prime Minister, New Delhi; (2) Union of India, Represented by its Secretariat, Ministry of Home Affairs, New Delhi; (3) The Government of Andhra Pradesh, represented by the Chief Minister, Secretariat Buildings, Saifa-bad, Hyderabad; and (4) The Government of Andhra Pradesh, represented by its Chief Secretary, General Administration Department, Secretariat Buildings, Saifabad, Hyderabad. Besides the above-named four respondents, others added as respondents included --(5) Union of India, represented by Vice-Chairman, Planning Commission, New Delhi; (6) The Comptroller and Auditor General of India, Government of India, New Delhi; (7) Sri Bezawada Gopal Reddy, former Chief Minister of Andhra State, now residing at Buchireddypalem village and Post, Nellore District; (8) Sri Gouthu Lachanna, former Minister of Andhra State, r/o Sardar Bhavan, Chintalabasthi, Khairatabad P.O., Hyderabad; (9) Sri N. Janardhan Reddy, former Chief Minister of Andhra Pradesh Somajiguda, Hyderabad and (10) The Financial Commission of India represented by its Chairman, New Delhi. Besides the above, Dr. Marri Chenna Reddy, former Minister of Hyderabad State and later Governor of Tamil Nadu (since deceased) was also made a party-respondent in the petition.

(3.) Contents of the petition make quite an interesting reading and are helpful in prospecting into the history of the re-organisation of States in India including that the then princely State of Hyderabad was merged into the Union of India as a part of its territory, under the Act of the Parliament was made a State, later to be merged with another State carved out of the Madras State of the British India originally called 'Andhra' and after the merger of some parts, of the territory of princely State of Hyderabad after reorganisation with the 'Andhra' so created, the State of 'Andhra Pradesh' was formed under the States Re-organisation Act, 1956. What is objectionable, however, in the entire narration of the events is the complexion given to the facts in the petition as if the creation of the State of Andhra Pradesh was 'an act of oppression upon the people of the State of erstwhile princely State of Hyderabad and politically motivated movements demanding for a separate State of' Telangana have been highlighted as the cause leading to a resolution of a so-called Telangana Sangharsh Samithi' Hyderabad, which is alleged to have adopted a unanimous resolution on 1-11-1996 to request respondents 1 to 4 carve out a separate Telangana State comprising the ten districts as named above.