Even as the YSR Congress party government in Andhra Pradesh has moved the Supreme Court a couple of days ago alleging that the state high court was takimg over the executive functions of the state, the latter continues to question the state government’s powers.
The high court on Friday once again questioned the construction of a government guest house at Kapuluppada in Visakhapatnam and even sought to drag the Centre into the litigation.
Hearing a public interest litigation of an advocate seeking to stall the construction of Vizag guest house, the high court served notices on the state government asking it to submit a counter explaining why it was constructing a guest house in the land allocated to Grey Hounds.
The high court also asked the state government to make the Centre as a party because it involved security issues. It also directed that the government should not fell the trees in 30 acres for construction of the guest house.
It may be mentioned that the state government on Wednesday filed a petition in the Supreme Court stating that the high court was taking over the executive functions in the state in violation of doctrine of separation of powers.
The Jagan government argued 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.
“The high court has completely ignored the warning of the Supreme 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," the state government said in its petition.
The state government questioned the 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.
It said 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.
