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DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Praja Samkshema Seva Sangham – Appellant
Versus
Union Home Secretary – Respondent
JUDGMENT :
Dhiraj Singh Thakur, C.J.
1. This is a petition filed purportedly in public interest in which the petitioner seeks a Mandamus to the Union of India, Ministry of Home Affairs, to take necessary steps to make laws for extending the tenure of Greater Hyderabad City as a common capital for the residuary State of Andhra Pradesh and Telangana for a further period of 10 years i.e. till 2034, till the process of apportionment is completed under Sections 47, 53 and 68 of the Andhra Pradesh Reorganization Act, 2014 (in short, 'the Act, 2014').
2. Learned counsel for the petitioner would submit that the Parliament of India had enacted the Act of 2014, Section 3 whereof envisaged that, on and from the 'appointed date', there would be formed a new State known as State of Telangana comprising the territories of the existing State of Andhra Pradesh as mentioned in Section 3 of the Act, 2014.
It is not out of place to mention that by virtue of notification dated 04.03.2024 issued by the Government of India which was published in the Gazette of India on the same date, the Second of June, 2014, was notified as 'the appointed day' for purposes of the Act, 2014.
3. Section 4 of the said Act envi
The court cannot mandate the Executive to legislate or frame policies, reinforcing the separation of powers among the Legislature, Executive, and Judiciary.
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