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The Times of India
The Times of India
Sagar Kumar Mutha | TNN

Telangana has powers to create new districts: HC

HYDERABAD: Asserting that the state is very much within its powers to increase the number of districts, the Telangana high court has dismissed a public interest litigation petition filed by Rangu Bala Lakshmi and four others from Warangal district who have challenged the decision of the government.

The petitioners contended that the government bifurcated the districts in an unscientific and unilateral way and that the process adopted by the authorities concerned for the creation of new districts was contrary to the statutory provisions as contained in the Telangana Districts (Formation) Act, 1974, and the Telangana Districts (Formation) Rules, 2016.

However, a bench of Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili, after hearing the contentions of both the petitioners and the government, concluded that the state has the powers to create more districts.

The state government had taken a policy decision in 2016 to create more districts from the existing districts and this was a policy decision where courts have minimal scope to intervene, the bench said. Petitioners have not been able to point out any infringement of any fundamental right that occurred on account of the state policy conveyed through GO No. 240 on October 11, 2016. This GO is in consonance with the Telangana Districts Formation Act and Telangana Districts Formation Rules, 2016, the bench said.

“The petitioners have not been able to establish mala fide intentions, extraneous consideration or arbitrariness in the matter of creation of new districts, revenue divisions or mandals and therefore, in the absence of mala fides, a judicial review cannot be exercised keeping in view of the peculiar facts and circumstances of the case,” the bench said.

Section 3 of the Telangana Districts Formation Act empowers the state government to create a new district, revenue division or a mandal by uniting two or more districts, increasing the area of any district, by diminishing the area of any district or even changing the boundaries of the district, revenue division or a mandal, the bench said while dismissing the PIL.

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