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High Court for State of TelanganaWP(PIL)/63/2016closed no costs

Forum For Good Goverance v. Prl.Secy., Ma.Andud. Hyd., And 4 Others,

2021-04-28B.Vijaysen Reddy,Hima Kohli3 pages

HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No: W.P.(PIL) No.63 of 2016 PROCEEDING SHEET S.

No.

DATE

ORDER

OFFICE NOTE 20.

22.06.2023 HCJ & NTR, J I.A.No.1 of 2022 Heard Mr. Parsa Ananth Nageswar Rao, learned Government Pleader attached to the office of the learned Advocate General for the applicant (respondent No.1 in the related PIL) and Mr. Sivaraju Srinivas, learned counsel for respondent No.1 (PIL petitioner).

This interlocutory application has been filed to reopen W.P.(PIL) No.63 of 2016.

We may mention that W.P.(PIL).No.63 of 2016 was disposed of by this Court along with a batch of PILs being W.P.(PIL) No.219 of 2020 and batch vide the order dated 28.04.2021 in the following terms:

1. Learned counsel for the respondent/State states that he has filed a copy of W.P (C) No.1236 of 2020 entitled Juvvadi Sagar Rao v. Union of India and others which is pending before the Supreme Court wherein, the State of Telangana has been impleaded as the respondent No.5 and the States of Tamil Nadu and Andhra Pradesh as the respondents No.6 and 7.

2.

challenge has been laid to

G.O.Ms.No.287 dated 03.04.2008 and G.O.Ms.No.276 dated 02.07.2010 in the said petition wherein notice was issued by the Supreme Court on 16.12.2020. Further, the petitioner therein has been directed to implead all the State Governments/Union Territories in the said matter. Learned counsel states that service has yet to be effected on the newly impleaded respondents and the State of Telangana has not yet filed a counter affidavit.

3. In view of the aforesaid submission, it is deemed appropriate to close all the petitions. After the Supreme Court takes a decision in the captioned petition, it shall be for the parties to seek consequential relief, if any, by approaching the Government authorities.

4. The present petitions are accordingly closed along with the pending applications, if any, with a direction that the order dated 18.10.2016 passed in W.P (PIL).No.63 of 2016 shall continue to operate till a decision is taken by the Supreme Court on the captioned petition.

This Court noted that subject matter of W.P.(PIL) No.219 of 2020 and batch is also the subject matter in W.P.(C) No.1236 of 2020 (Juvvadi Sagar Rao v. Union of India) which is pending before the Supreme Court. While closing the PILs, this Court observed that any decision taken by the

Supreme Court in W.P.(C) No.1236 of 2020 would cover the PILs as well. However, it was clarified that earlier direction issued vide order dated 18.10.2016 in W.P.(PIL) No.63 of 2016 would continue to operate till a decision is taken by the Supreme Court on the captioned petition.

When this interlocutory application was heard on 16.02.2023, we had expressly opined that we were not inclined to reopen W.P.(PIL) No.63 of 2016. It was on the request of Mr. Parsa Ananth Nageswar Rao, learned Government Pleader attached to the office of the learned Advocate General that the matter was deferred till today. Reiterating the observations made in our order dated 16.02.2023, we are not inclined to reopen W.P.(PIL) No.63 of 2016.

However, we make it clear that any decision taken by the Supreme Court in W.P.No.1236 of 2020 would govern the parties.

IA is dismissed.

_________ HC J _________ NTR, J LUR