Limited scope of judicial review in policy decisions by the government, unless there is infringement of fundamental rights; Inapplicability of relief under Article 226 to enforce administrative rules without statutory force.

ORDER :

Satish Chandra Sharma, J.

The petitioners claiming themselves to be social workers have filed this writ petition by way of Public Interest Litigation being aggrieved by creation of new districts in the State of Telangana. The petitioner’s contention is that the formation of new districts is contrary to the statutory provisions as contained in the Telangana Districts (Formation) Act, 1974 and the Telangana Districts (Formation) Rules, 2016.

2. Section 3 of the Telangana Districts (Formation) Act, 1974 reads as under:-

“3. Division of State into districts, formation of new districts and alteration of areas, boundaries or names of existing districts:-

(1) The Government may, by notification, from time to time, for the purposes of revenue administration, divide the State into such districts with such limits as may be specified therein; and each district shall consist of such revenue divisions and each revenue division shall consist of such mandals and each mandal shall consist of such villages as the Government may, by notification from time to time, specify in this behalf.

(2) The Government may, in the interests of better administration and development of the areas, by notification, from time to time, and with effect on and from such date as may be specified therein:-

(a) form a new district, revenue division or mandal by separation of area from any district, revenue division, or mandal or by uniting two or more districts, revenue divisions or mandals or parts thereof or by uniting any area to a district, revenue division or mandal or part thereof;

(b) increase the area of any district, revenue division or mandal;

(c) diminish the area of any district, revenue division or mandal;

(d) alter the boundaries of any district, revenue division or mandal;

(e) alter the name of any district, revenue division or mandal;

(3) The areas, boundaries and names, of the districts, revenue divisions, taluks, firkas and villages in the State existing at the commencement of this Act shall be deemed to have been notified under sub-section (1) and shall continue until they are altered by the Government or the Commissioner of Land Revenue, as the case may be.

(4) The Commissioner of Land Revenue may, in the interests of better administration and development of the areas and subject to such rules as may be prescribed, by notification, group or amalgamate any two or more revenue villages or portions thereof so as to form a single new revenue village or divide any revenue village into two or more revenue villages, or increase or diminish the area of any revenue village, or alter the boundaries or name of any revenue village.

(5) Before issuing any notification under this section, the Government or the Commissioner of Land Revenue, as the case may be, shall publish in such manner as may be prescribed, the proposals inviting objections or suggestions thereon from the persons residing within the district, revenue division, mandal or village who are likely to be affected thereby within such period as may be specified therein, and shall take into consideration the objections or suggestions, if any, received.

(6) Any notification under this section may contain such supplemental, incidental and consequential provisions (including provisions as to adaptation and construction of laws) as the Government or the Commissioner of Land Revenue, as the case may be, may deem necessary.

(7) Notwithstanding anything contained in subsection (5), Government may issue notification under subsection (1) to form a new District, Revenue Division, Mandal, Village in variance to the proposals notified under sub-section (5).”

3. The aforesaid statutory provision of law empowers the State Government to create new district, revenue division or mandal by uniting two or more districts, by increasing the area of any district, by diminishing the area of any district or even change the boundaries of the district, revenue division or mandal. The petitioners have prayed for quashment of G.O.Ms.No.2