Common court to have jurisdiction over AP, TS: HC
HYDERABAD: A division bench comprising chief justice Kalyan Jyoti Sengupta and justice PV Sanjay Kumar of the Hyderabad High Court on Wednesday declared that the present common High Court at Hyderabad will continue to have jurisdiction over the states of Telangana and Andhra Pradesh till a separate high court was established for AP state.
The bench was answering the questions which arose in a contempt case heard by a single judge. Land belonging to a freedom fighter at Anantapur was taken away by the state government without notice to his sons who were advocates of the high court, and constructed houses for the poor.
When the case was filed in the high court the judge directed the government to issue proceedings under the Land Acquisition Act and then pay compensation. When the authorities did not comply with the direction the contempt case was filed. By the time contempt case came up for hearing the state was bifurcated.
The single judge entertained a doubt whether the present High Court at Hyderabad can continue to have jurisdiction over the AP state as the appointed date mentioned was June 2, 2014.
This case came up before the division bench when a third party filed an appeal. The bench answered the intrinsic legal issues in detail.
The bench, in its judgment, said that the present High Court of Judicature at Hyderabad will function for both the states. The AP Reorganisation Act stipulates that the High Court of Judicature at Hyderabad would be the common High Court for both the states till a separate High Court for the state of AP was formed under Article 214 of the Constitution.
The bench said that Section 43 of the Act shall be read with Section 105 of the Act harmoniously in respect of transfer of proceedings of the present High Court.
As for the issue of taking fresh oath in the light of change of nomenclature from High Court of Judicature of Andhra Pradesh to High Court of Judicature at Hyderabad, the bench held that there was no need of administering oath separately by the judges who were appointed in the erstwhile Andhra Pradesh High Court to discharge their duties as judges of the common High Court.
News Posted: 13 November, 2014
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