[Guest house construction] Andhra Pradesh High Court taking over functions of government: State of AP tells Supreme Court

The Andhra Pradesh (AP) High Court is taking over the executive functions in the State in violation of doctrine of separation of powers, the YS Jaganmohan Reddy government submitted before the Supreme Court on Wednesday in an appeal against a High Court order relating to construction of a government guest house. .The AP government has contended that the High Court grossly erred in assuming to itself the power of deciding whether or not the State should construct something as innocuous as a guest house.."In doing so, the Hon’ble High Court has completely ignored the warning that this Hon’ble Court has, time and again, sounded advising the Hon’ble courts to respect the other co-equal organs of the State and to refrain from assuming such powers to itself," reads the plea..The plea has assailed a November 2 order of the High Court directing the State government to submit plans and budget estimates of the State guest house proposed in Visakhapatnam..The appeal before Supreme Court, filed through advocate Mahfooz Nazki, contends that the High Court has "virtually taken over the executive functions of the State and has seriously violated the doctrine of Separation of Powers.".A three-judge bench of the Andhra Pradesh High Court headed by Chief Justice JK Maheswari had said that the petitioners could raise their objections, once the government furnished the details of the guest house project, which is alleged to be the part of project of making Vishakapatnam the executive capital of the State..High Court has virtually taken over the executive functions of the State and has seriously violated the doctrine of Separation of Powers."Andhra Pradesh government.The High Court had said that the petitioners could bring to its notice if the government envisaged the construction of the Chief Minister’s camp office in furtherance of its agenda to shift the capital to Visakhapatnam.The High Court had already taken cognizance of the context in which the State government came up with the concept of three capitals, a move which is being vehemently being opposed by the farmers from Amaravati region and other stakeholders..The plea before Supreme Court states that the High Court order amounts to "judicial adventurism" and upsets the Constitutional balance between different co-equal wings of the government..It has been submitted that the High Court has no jurisdiction to decide as to whether a government must construct a guest house or to enquire into the purpose for which it is being constructed.

[Guest house construction] Andhra Pradesh High Court taking over functions of government: State of AP tells Supreme Court

Debayan Roy

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