Andhra Pradesh High Court - Amravati
Between vs Z on 2 November, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
[ 3262 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI THE HONOURABLE SRI JUSTICE RAKESH KUMAR AND THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY 1.A.NO.1 OF 2020 IN W.P.No.9528 OF 2020 1.A.Nos.1,2,3,4 of 2020 in W.P.No.14338 of 2020 WRIT PETITION NO: 9528 OF 2020 Between: Pakalapati Raghuvarma, S/o Pakalapati Raghunadharaju - oO N Petitioner AND .. The Andhra Pradesh Legislative Council, Represented by its Secretary, Velagapudi, Amaravati, Guntur District. The Chairman, The Andhra Pradesh Legislative Council, Velagapudi, Amaravati, Guntur District. Sri Mohammed Ahmed Shariff, Chairman, The Andhra Pradesh Legislative Council, Velagapudi, Amaravati, Guntur District. Sri Nara Chandra Babu Naidu, S/o N.Khajura Naidu Age 70 years President, Telugu Desam Party NTR Bhavan, Road No. 2, Banjara Hills, Hyderabad -- 34 Sri Nara Lokesh Babu, S/o Nara Chandra Babu Naidu Age 37 years Member, Legislative Council, Andhra Pradesh, NTR Bhavan, Road No. 2, Banjara Hills, Hyderabad - 34 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus declaring the Ruling of the 2nd Respondent, dated 22.01.2020 invoking the discretionary powers under Rule 154 of the Rules of Procedure and Conduct of Business in the Andhra Pradesh Legislative Council and referring the two Bills vis-a-vis the Andhra Pradesh Decentralization and Inclusive Development of All Regions Bill, 2020 and The Andhra Pradesh Capital Region Development Authority Bill, 2020 to the Select Committee as being arbitrary, illegal, unconstitutional, null and void, malafide, ultravires, apart from being violative of Principles of Natural Justice and set aside the same IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to call for the entire record of the minutes along with video Footage of the proceedings of legislative council from the 1st Respondent for perusal of this Hon'ble Court, pending disposal of Writ Petition 9528 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court, dated 27.08.2020 & 06.10.2020 made herein upon hearing the arguments of Sri Vivek Chandra Sekhar S Advocate for the Petitioner, GP for law & legislature for respondent No.1 & 2. WRIT PETITION NO: 14338 OF 2020 Between: Parchuri Ashok Babu, S/o. Krishna Murthy (late) Aged about 61 years R/o. 40- 25-12, Jastivari Street, Patama Lanka, Vijayawada - 520 010 .. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Chief Secretary, AP Secretariat Complex, Velagapudi, Amaravathi, Andhra Pradesh - 522 503. Legislature Secretariat of A.P., Rep. by its Secretary, AP Secretariat Complex, Velagapudi, Amaravathi, Andhra Pradesh - 522 503. The Special Chief Secreatary to the Governor, State of Andhra Pradesh Raj Bhavan at Vijayawada. Government of Andhra Pradesh, Department of Law, Rep. by its Secretary, Velagapudi, Amaravathi, Andhra Pradesh - 522 503. Government of Andhra Pradesh, Department of Municipal Administration and Urban Development, Rep. by its Principal Secretary, Velagapudi, Amaravathi, Andhra Pradesh - 522 503. Union of India, Ministry of Home Affairs, Rep. by its Secretary, North Block, New Delhi - 110 001. 7. Government of India, Ministry of Law and Justice, Rep. by its Secretary, North Block, New Delhi - 110 007. a fF ON o> ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased be pleased to issue writ or direction more particularly one in thenature of Writ of Mandamus declare a) that Andhra Pradesh Capital Region Development Authority Repeal Act 2020 (Act 28 of 2020) dt 31.07.2020 and the consequential Go.MS No.155 dt issued on 01.08.2020 by Municipal Administration and Urban Development (CRDA II) Department, of Government of Andhra Pradesh, constituting Amaravati Metro Politan Region Development Authority (AMRDA) arbitrary, unreasonable and colourable exercise of power, unconstitutional in utter derogation of Article 196(2),19.7, 198 R/w 200 of the Constitution of India and apart from being repugnant to Articles 13, 14,19 and 21 and 300A and ultra vires to Rule 71 and 132, 139, 140 and 141 of A.P.Legislative Council Rules and Rule 124 A.P.Legislative Assembly Rules b) Issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declare that The Andhra Pradesh Decentralization and Inclusive Development of all Regions Act 2020 (Act 27 of 2020) dt 31.07.2020,and the consequential Go.MS No.155, dt issued on 01.08.2020 by Municipal Administration and Urban Development (CRDA |!) Department, of Government of Andhra Pradesh, constituting Amaravati Metro Politan Region Development Authority (AMRDA) arbitrary, unreasonable and _ colourable exercise of power, unconstitutional in utter derogation of Article 196(2),197, 198 Riw 200 of the Constitution of India and apart being repugnant to Articles 13, 14,19 and 21 and 300A and ultra vires to Rule 71 and 132, 139, 140 and 141 of A.P.Legislative Council Rules and Rule 124 A.P.Legislative Assembly Rules apart from violative of Articles 174,248 253,266,275,293,295 and 299 of the Constitution of India. Cc) Issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declare that the impugned Acts The Andhra Pradesh Decentralization and Inclusive Development of all Regions Act 2020 (Act 27 of 2020) dt 31.07.2020, and Andhra Pradesh Capital Region Development Authority Repeal Act 2020 (Act 28 of 2020) dt 31.07.2020, cannot considered to be LAW as ultra vires to Rule 71 and 132, 139, 140 and 141 of A.P.Legislative Council Rules and Rule 124 A.P.Legislative Assembly Rules Read with Article 200 of the Constitution of India. d) Issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declare that the impugned Acts The Andhra Pradesh Decentralization and Inclusive Development of all Regions Act 2020 (Act 27 of 2020) dt 31.07.2020, and Andhra Pradesh Capital Region Development Authority Repeal Act 2020 (Act 28 of 2020) dt 31.07.2020 cannot considered to be LAW as its reintroduction ulta vires the provision in Rule 132 of Andhra Pradesh Legislative Council Rules, Article 196(2), 197 Read with Article 200 of the Constitution of India. e) Issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus y directing the 6th and 7th Respondent to issue appropriate formal Gazzette Notification by declaring Amaravathi area as the State capital for the Sate of Andhra Pradesh forthwith pursuant to delegated power conferred under Section 5,6 read with section 94 of the Andhra Pradesh Reorganization Act,2014 by declaring The Andhra Pradesh Decentralization and Inclusive Development of all Regions Act 2020 (Act 27 of 2020) dt 31.07.2020 as repugnat and void under Art 254 and ultr vires of 256 and 257 of the Constitution of India. Issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the impugned Act The Andhra Pradesh Decentralization and Inclusive Development of all Regions Act 2020 (Act 27 of 2020) dt 31.07.2020, is in utter derogation of Entry-78 of List-| (Union List) Seventh Schedule to the Constitution of India R/w Section 5(2), 31 of Andhra Pradesh Reorganization Act, 2014. iA_NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd Respondent to produce the video recordings of the proceedings of the Andhra Pradesh Legislative Council dt 16.06.2020 and 17.06.2020, pending disposal of W.P.No.14338 of 2020 on the file of the High Court. IA NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent 1 to 5 to produce Blue copies of "The Andhra Pradesh Decentralisation and Inclusive Development of all Regions bill, 2020, and Andhra Pradesh Capital Region Development Authority Repeal bill, 2020, with certification by Speaker as well as Chairman, pending disposal of W.P.No.14338 of 2020 on the file of the High Court. IA. NO: 3 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd Respondent to produce the register kept by the Legislature pertaining to Bills which is called Legislative Standing Order (LOS) which contains the list of bills received/ passed/approved and by the Legislature duing 16.6.2020, 17.6.2020, pending disposal of W.P.No.14338 of 2020 on the file of the High Court. IA NO: 4 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2nd Respondent to produce the official verbatim of the proceedings of the Andhra Pradesh Legislative Council dt 16.06.2020 and 17.06.2020, pending disposal of W.P.No.14338 of 2020 on the file of the High Court The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court, dated 27.08.2020, 21.09.2020 & 06.10.2020 made herein upon hearing the arguments of Sri Ravi Shankar Jandhyala, Advocate for the Petitioner, Sri Rakesh Dwivedi, learned senior counsel / Advocate General to the Respondents / for the State for Respondent Nos.1 to 5, and of Sri N.Harinath, learned Assistant Solicitor General for Respondent No.6 & 7, the Court made the following. ORDER:
I.A.No.1 of 2020 IN W.P No.9528 of 2020 is filed seeking the following relief:
"pleased to call for the entire record of the minutes along with video footage of the proceedings of legislative council from the first respondent from perusal of this Hon'ble Court."
I.A.No.1 of 2020 IN W.P.No.14338 of 2020 is filed seeking the following relief:
"pleased to direct the 2nd Respondent to produce the video recordings of the proceedings of the Andhra Pradesh Legislative Council dt 16 06 2020 and 17 06 2020 pending disposal of the above writ petition"
1.A.No.2 of 2020 IN W.P.No.14338 of 2020 is filed seeking the following relief:
"pleased to direct the Respondent 1 to 5 to produce Blue copies of The Andhra Pradesh Decentralisation .
Os and Inclusive Development of all Regions bill, 2020, and Andhra Pradesh Capital Region Development Authority Repeal bill, 2020, with certification by Speaker as well as Chairman pending disposal of the above writ petition"
1.A.No.3 of 2020 IN W.P.No.14338 of 2020 is filed seeking the following relief:
"pleased to direct the 2nd Respondent to produce the register kept by the Legislature pertaining to Bills which is called Legislative Standing Order (LOS) which contains the list of bills received/ passed/approved and by the Legislature during 16/6/2020, 17/6/2020 pending disposal of the above writ petition and pass"
LA.No.4 of 2020 IN W.P.No.14338 of 2020 is filed seeking the following relief:
"To direct the 2nd respondent to produce the official verbatim proceedings of the Andhra Pradesh Legislative Council dated 16/06/2020 and 17/06/2020"
COMMON ORDER:
During hearing, learned Advocate General for the State and learned counsel Sri Metta Chandrasekhar reported no objection for production of the record, if directed by the Court, for perusal of this Court.
. Recording the submission of learned Advocate General for the State and learned counsel Sri Metta Chandrasekhar, respondents are directed to produce the record for perusal of this Court, as and when directed during hearing.
With the above direction, interlocutory applications are disposed of.
Sd/-K. TATARAO a ASSISTANT REGIST /TTRUE COPY// for ASSISTANT 'REGISTRAR To,
1. The Secretary, Andhra Pradesh Legislative Council, Velagapudi, Amaravati, Guntur District.
The Chairman, The Andhra Pradesh Legislative Council, Velagapudi, Amaravati, Guntur District.
Sri Mohammed Ahmed Shariff, Chairman, The Andhra Pradesh Legislative Council, Velagapudi, Amaravati, Guntur District. Sri Nara Chandra Babu Naidu, S/o N.Khajura Naidu, President, Telugu ~ Desam Party NTR Bhavan, Road No. 2, Banjara Hills, Hyderabad -- 34 Sri Nara Lokesh Babu, S/o Nara Chandra Babu Naidu, Member, Legislative Council, Andhra Pradesh, NTR Bhavan, Road No. 2, Banjara Hills, Hyderabad -- 34.
The Chief Secretary, State of Andhra Pradesh, AP Secretariat Complex, Velagapudi, Amaravathi, Andhra Pradesh - 522 503. The Secretary, Legislature Secretariat of A.P., AP Secretariat Complex, Velagapudi, Amaravathi, Andhra Pradesh - 522 503. The Special Chief Secreatary to the Governor, State of Andhra Pradesh Raj Bhavan at Vijayawada. The Secretary, Government of Andhra Pradesh, Department of Law, Velagapudi, Amaravathi, Andhra Pradesh - 522 503.
10. The Principal Secretary, Department of Municipal Administration and Urban Development, Government of Andhra Pradesh, Velagapudi, Amaravathi, Andhra Pradesh - 522 503.
11. The Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi - 110 001.
12. The Secretary, Government of India, Ministry of Law and Justice, North Block, New Delhi - 110 001(1 to 12 by RPAD)
13.One CC to Sri Vivek Chandra Sekhar S Advocate (OPUC)
14.One CC to Sri N.Harinath, Assistant Solicitor General, (OPUC)
15.One CC to Sri.Kasa Jagan Mohan Reddy, Standing Counsel (OPUC) 16.0ne CC to Sri T.Niranjan, Standing Counsel for the Accountant General,
17. Two CCS to The Advocate General, High Court of A.P.(OUT)
18.One CC to Sri Ravi Shankar Jandhyala, Advocate (OPUC)
19. Two CC to GP for General Administration, High Court of Andhra Pradesh (OUT) ao fF YB N o @ N oy ge fi vs Z SRL
20. Two CC to GP for Municipal Administration, High Court of Andhra Pradesh (OUT) ,
21. Two CC to GP for Finance & Planning, High Court of Andhra Pradesh (OUT)
22. Two CC to GP for Law, High Court of Andhra Pradesh (OUT)
23. Two CC to GP for Roads & Buildings, High Court of Andhra Pradesh (OUT)
24. The Section Officer, Division Bench, High Court of Andhra Pradesh.
25. The Section Officer, Posting Section, High Court of Andhra Pradesh
26. Three Spare Copies.
HIGH COURT HCJ, RKJ & MSMJ DATED:02/1 1/2020 ORDER |.A.NO.1 OF 2020 IN W.P.No.9528 OF 2020 |.A.Nos.1,2,3,4 of 2020 in W.P.No.14338 of 2020 |.A.s ARE DISPOSED