Hyderabad: A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice M.S. Ramachandra Rao of the Hyderabad High Court on Thursday dismissed a petition as withdrawn, challenging Section 8 of the AP Reorganisation Act, which envisages special powers to the Governor with regard to law and order in Hyderabad.
The bench was hearing the petition by Captain Lingala Panduranga Reddy contending that Parliament lacks legislative competency to make any law on the subjects reserved for the state list II of Schedule VII to the Constitution of India.
Referring to letter of the Centre to the Telangana government, counsel Gandra Mohan Rao, appearing for the petitioner, argued that the Centre had no power or authority to issue any directive or directions for the alleged implementation of the provisions of Section 8 of the Act.
Justice Sengupta pointed out how a citizen can be aggrieved by the special powers given to the Governor and it was the government to move against it, if it feels aggrieved by such provision.
The counsel said that a citizen is entitled to challenge provisions of any Act if he felt it ultra vires.
The bench did not agree with the argument and said a citizen can only file a Public Interest Litigation challenging the constitutional validity and not a regular writ petition.
The counsel then urged the bench to permit him to withdraw the writ and grant liberty to file a PIL to which the bench agreed.
