(Judicial Quest News Network)
The government of Andhra Pradesh have knocked the doors of Apex Court seeking the division of Assets and Liabilities between AP & TS.
The pleas avers that the State of Andhra Pradesh has moved the court as Parens patriae and seeks to represent and espouse the cause of the people of the State of AP as well its own rights including the rights under Article 14 and 21 of the Constitution of India, seeking a fair, equitable and expeditious divison of assets and liabilities of erstwhile State of Andhra Pradesh betweenthe states of AP & TS including the Institutions/Corportations specified is schedules- IX of the Andhra Pradesh Reorganization Acr, 2014.
The plea filed through Advocate Mahfooz A Nazki avers that notwithstanding the fact that the State of Andhra Pradesh and Telanaga came into existence as long back as on 02-06-2014, and the apportionment of Assets and Liabilities has been conclusively made under the Act between the succecors states, the actual division of assets have not been taken place even till date.
It is also submitted that Assets and Liabilities of a single institution specified in Schdule-IX [91 institutions], Schedule-X [142 institution], of the Act; and institutions not mentioned in the Act[12 institutions], have been apportioned between the successor States.
The total value of the 245 Institutions is about Rs.1, 42,601 croroes,non-divivson of the assets is clearly to the benifirt of the Telangana since 91% of theses Assets are situated in Hyderabad[The Capital of the erstwhile combine State].which is now the Capital of Telangan.
The non-apporionment of the Assest has led to a mmultitude of issues adversely affecting and violating the fundamental and other constitutional rights of the peopleof the State of Andhra Pradeshincluding the employees of the said Institutions.Without adequate funding and actual division of assetssin terms of the apportionment made under the Act, the functioning of the said institutions In the State of Andhra Pradesh has been severly stunned and some institutions have not even been able to start functioning.
The plea further submits that these institutions are extension of the state and perform a range of basic and essential functions in fields as diverse as Agriculture, dairy development, education, medical services,minority and backward class development, industrial development,infrastructure development,social security etc.
It may not be out of place to mention thath though the State of Telangana was created as new State, on the ground, the Successor of the State of Andhra Pradesh was put in disadavntegeous position of having to start from scratch since the capital of the erstwhile combine state was Hyderabad which went to the share of Telangana.As a result all the important Assets, Institutions of Andhra Pradesh have been deprieved of its legitimate right.Several meetings have been held at Inter se the stake holders, including the central Government. There has also been a special correspondence between the State of Andhra Pradesh,Telanagana and the Union Government of the issue of the actual division of assetsin terms of the apportionment made under the Act,.However there has been no positive development.
Therefore it sought a declaration from the court that Telangana’s inaction was violative of the fundamental rights of utspeople and further sought all necessary directions to ensure speedy bifurcations of Assets between States.