mgrao (partner) 23 March 2011

reorganisation of territories or states

i belong to the state Andhra Pradesh and all the forum collegues must be following asto waht was happening in the state with regared to separate telangana state which should happen if the ste is bifuricated.I have no issues there except in the name of the regions within the state being separated a lot of venom is being spewed and anti people feelings are being generated.All the political parties are induging in one upmanship and as result we have nothing but divisive statements roled out each day and the administarion is brought to standstill and all the institutions are being marginalised.The Assembly and the Council hardly transact any business pertaining to the welfare of the people.

I believe any restructring of the federal composition should have only two things in mind.One the internal and external security of the nation and another the administartive convenience.Any reasons other than that should appear to be motivated and for gains of individulas and parties.

Is this a matter that can be taken up as a public interest litigation to request the court to decide on the modus operandi of any restructuring so the all the ills that presently govern such divisive movements manuvered and manipulated can be put in place and any who try and act differant can be charged on sedition.

MGRao.

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2 Replies

Tajobsindia (Senior Partner ) 26 March 2011

@ Author,

The States Reorganisation Act of 1956 was a major reform of the boundaries and governance of India's states and territories. The act reorganised the boundaries of India's states along linguistic lines, and amended the Indian Constitution to replace the three types of states, known as Parts A, B, and C states, with a single type of state.

Although additional changes to India's state boundaries have been made since 1956, the States Reorganisation Act of 1956 remains the single most extensive change in state boundaries since the independence of India in 1947 as you yourself may be well aware of he same!

In my opinion (testing PIL waters) remedy lies in filing first a Writ Petition before Hon'ble HC of AP making UOI as second Party after State of AP and first relief you shall pray is stay of all proceedings before any Tribunals / Committes / Bodies till disposal of this Writ Petition. Also in my opinion getting such Writ admitted is your biggest challenge and test of PIl strength lies in getting this admitted first of all.

However, why I specified stay of all proceedings in possible transfer and reorganisation of boundaries of AP State post The Act a reference in this regard may be made to S. 52 of the Transfer of Property Act, 1882. Doctrine of lis pendens is a doctrine based upon equity, good conscience and fairness. Similarly, O. XXI / R. 102 of the Code of Civil Procedure, 1908 clearly states that any obstruction or restriction without any just cause by judgment debtor or any other person on his instigation or his behalf or by a transferee where any such transfer is made during the pendency of the suit or execution proceedings is liable to be rejected. Law does not allow a litigant to part with and give to others, pending litigation, rights in the property in dispute so as to cause prejudice and circumvent a decree of a Court. The doctrine of lis pendens and the principle behind O XXI / R 102 of the Code of Civil Procedure, 1908 is based upon expediency and necessity to have an effective and complete adjudication and not on any requirement of notice. Being a citizen of UOI and especially domicile of AP State you are a judgment debtor in legal way post The Act of 1956 !!!!

mgrao (partner) 26 March 2011

Thank you Rajeev saab.I understand that in the absence of proceedings we can ask for stalling .But we had Sri Krishna Committee appointed and many parliamentray and assembly hours devoted to the topic.many bandhs were called and many students committed suicide many speculations were made.All the MPs and MLAs still indulge in daily rhetoric that is annoying and humiliating who thinks in terms of national welfare.

Like i wrote in my query i am not aginst any bifurications any where as long as hare 1. for administartive convenience 2. do not in any way affect the security of the Nation any manner.

A court should ideally decide on these matters so that genuine demands are attended to and the motivated ones are nipped in the bud.I am not sure if this site allows for soliciting in helping draft a PIL to that affect.I shall pay for it.My local lawyer friends tell me i have no ground for a PIL.And besides i am not student of Law.