IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO.27640 OF 2009 Dt.18.12.2009 Between: C. Narayana and another … Petitioners And Union of India, Rep. by its Cabinet Secretary Central Secretariat, New Delhi and others … Respondents Counsel for the Petitioners: Sri P.V. Krishnaiah Counsel for Respondent Nos.1 and 2: Sri Ponnam Ashok Goud (Asst. Solicitor General) Counsel for Respondent No.3: Advocate General Counsel for Respondent Nos.4 and 5: G.P. for Home Counsel for Respondent No.6: - THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO.27640 OF 2009 ORDER: (per the Hon’ble the Chief Justice Sri Anil R. Dave) In this Public Interest Litigation, the petitioners have voiced an apprehension to the effect that steps are being initiated to form a new State without following the legal procedure. It has been submitted by the learned Advocate General for the respondent State Government that the issues involved in the petition are not justiciable. We have heard the learned Advocates. In our opinion, a new State can be formed only as per the procedure prescribed in Article 3 of the Constitution of India. We cannot presume that representatives of the citizens in Parliament or Legislative Assembly would not follow the provisions incorporated in Article 3 of the Constitution of India. Looking to the said fact, we do not find any substance in the Writ Petition. The Writ Petition is accordingly rejected. As a sequel to rejection of the Writ Petition, W.P.M.P. No.35989 of 2009, filed by the petitioners for interim relief, is rejected. ______________ ANIL R. DAVE, CJ ______________ NOUSHAD ALI, J 18.12.2009 bnr Note: Issue C.C. today. (B.O) bnr