A division bench of the A P High Court headed by Chief Justice Nisar Ahmad kakru and Justice Vilas V Afzalpurkar ruled that it is not under its jurisdiction to decide whether or not a separate Telangana state be formed. The Chief Justice Nisar Ahmad Kakru said, "It is Parliament which has power either to bifurcate a state or form a separate state." With these observations, the division bench dismissed a writ petition seeking a direction to the Central government to move forward in formation of a separate Telangana state.
A retired Army officer from the city, Captain Lingala Pandu Ranga Reddy, filed the petition stating that the Union home minster had declared in December, 2009 that the process for formation of Telangana has been initiated. Subsequently the committee headed by a retired SC judge had been set up and gave its report. He contended that Centre cannot sit idle and it has to move forward in the direction that it had declared. The Chief Justice while dictating the order said the passing of Bill in Parliament and formation of state was outside the realm of judicial adjudication. The bench said it cannot grant such relief by invoking its extraordinary jurisdiction under Article 226 of the Constitution.
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