Hyderabad, Dec 17 : The AP High Court on Friday dismissed a public interest writ petition filed challenging the process to grant statehood to Telangana region declaring that such a petition at this stage was premature.
A division bench comprising the Chief Justice Anil R. Dave and the Justice Noushad Ali, dealing with the petition filed by Mr C. Narayana, a resident of Anantapur district, praying to declare illegal the process of division of state as long as there was Article 371(D) in the Constitution, Article 3 can not be invoked.
Mr P.V. Krishnaiah, counsel for the petitioner, told the court that Article 371(D) of the Indian Constitution refers to special status to Andhra Pradesh and provisions for equitable opportunities for people from different regions of state.
Mr Ponnam Ashok Goud, assistant solicitor-general, told the court that the process of separation of the state had not commenced.
Mr D.V. Seetharama Murthy, advocate-general, submitted to the court that the issues involved in the petition are not justified.
While rejecting the petition, the court said, “In our opinion, a new state can be formed only as per the procedure prescribed in Article 3 of the Constitution. We cannot presume that the representatives of the citizens in Parliament or the Legislative Assembly would not follow the provisions of Article 3.”
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