THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SRI JUSTICE J.SREENIVAS RAO W.P.Nos.25194, 25566, 26680 and 28390 of 2024 COMMON ORDER: (Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. S.Satyam Reddy, learned Senior Counsel representing Mr. Sarasani Rahul Reddy, learned counsel for the petitioners in W.P.No.25194 of 2024 and Mr. Pusa Mallesh, learned counsel for the petitioners in W.P.No.28390 of 2024.

Mr. Vijay Ashrit, learned counsel representing Ms. Verose Sanjana, learned counsel for the petitioners in W.P.No.25566 of 2024.

Mr. C.Raghu, learned Senior Counsel representing Ms. Chennaboina Shravani, learned counsel for the petitioners in W.P.No.26680 of 2024.

Mr. A.Sudarshan Reddy, learned Advocate General for the State.

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Mr. Kandhyala Partha Saradhi, learned counsel representing Mr. Kishore Rao Puskuru, learned Standing Counsel for respondent No.7 in W.P.No.25194 of 2024, respondent Nos.6 and 7 in W.P.No.25566 of 2024, respondent Nos.5 and 6 in W.P.No.28390 of 2024.

Mr. Laxmaiah Kanchani, learned Standing Counsel for Municipalities for respondent No.6 in W.P.No.25194 of

2024.

Mr. Midde Arun Kumar, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC) for respondent No.8 in W.P.No.25566 of 2024.

2. With consent of learned counsel for the parties, the writ petitions are heard finally.

3. In all these writ petitions, the petitioners have assailed the validity of Ordinance No.3 of 2024 dated 02.09.2024, by which the Telangana Municipalities Act, 2019 (hereinafter referred to as ‘the 2019 Act’) has been amended. A common issue with regard to validity of the aforesaid Ordinance arises for consideration in this batch of writ petitions. Therefore, these writ petitions were heard ::3::

analogously and are being decided by this common order. For the facility of reference, facts in W.P.No.25194 of 2024 are being referred to.

4. The petitioners, two in number, are residents of Ghansimiaguda Gram Panchayat, Shamshabad Mandal, Ranga Reddy District. An Ordinance namely Telangana Ordinance No.3 of 2024 was issued by the Governor to amend the 2019 Act. By the said Ordinance, 51 Gram Panchayats were sought to be included in various Urban Local Bodies situated in Ranga Reddy, Medchal-Malkajgiri and Sanga Reddy Districts.

5. According to the petitioners, the Ghansimiaguda Gram Panchayat came into existence in the year 1985 and is located at a distance of 7 kilometers from Shamshabad Municipality. The principal ground of attack to the Ordinance as averred in the writ petition is that the same is in violation of Rule 3 of the Andhra Pradesh Municipalities (Inclusion or Exclusion of Areas into/from the jurisdiction of the Municipalities/Nagara Panchayat) Rules, 2015 (hereinafter referred to as ‘the ::4::

Rules, 2015’) framed in exercise of powers under Section 326(1) read with proviso to Section 3(1-A) of the Andhra Pradesh Municipalities Act, 1965 (hereinafter referred to as the 1965 Act’). It is averred that the residents of the Gram Panchayat have not been consulted while including the Gram Panchayat into the Urban Local Body. In the aforesaid factual background, this writ petition has been filed.

6. Mr. S.Satyam Reddy, learned Senior Counsel representing the petitioners in W.P.Nos.25194 of 2024 and 28390 of 2024 submits that the impugned Ordinance is in violation of Rule 3 of the Rules, 2015 and the Gram Panchayat is sought to be included without consultation of the villagers. It is further submitted that the aforesaid Rules, 2015 continue to exist and are in force. Therefore, the impugned Ordinance is liable to be struck down.

7. Mr. C.Raghu, learned Senior Counsel representing the petitioners in W.P.No.26680 of 2024 submitted that no circumstances exist which render it necessary for the Governor to take an immediate action ::5::

under Article 213 of the Constitution of India by issuing an Ordinance and therefore, the impugned Ordinance is liable to be struck down on this ground alone.

8. Mr. Vijay Ashrit, learned counse