Hyderabad High Court is common for AP and Telengana

Mahima Gherani

A division Bench of Hyderabad High Court comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar declared that the present Hyderabad High Court  will continue to have jurisdiction over the States of Telangana and Andhra Pradesh till a separate High Court for AP State is formed which was stated in the Andhra Pradesh Reorganisation Bill, 2014 which was attested by the President of India on 1st March2014 and the appointment day of the new states was 2nd June 2014.

According to the Article 231 of the Constitution of India, the Parliament has the power to establish a High Court for two or more states or two or more states and a Union territory, but there is an exigency to create a separate High Court as the lawyers from the new Telangana state are not being able to ‘fulfil their responsibilities’ as the existing court is overwhelmed with people of Seemandhra.

Section 31(1) of the Andhra Pradesh Reorganisation Act, 2014 specifies that “on and from the day of Appointment Day, the High Court of Judicature at Hyderabad shall common High Court for Telengana and Andhra Pradesh till a separate High Court for the state of Andhra Pradesh is constituted under article 214 of the constitution read with Section 32 of this Act.

The bench was answering the questions which arose in a contempt case heard by a single judge. Land belonging to a person at Anantapur district was taken away by the State Government without notice to his sons, who are well known advocates at the High Courts and houses constructed by the poor. When this case was filed in the High Court and houses constructed for the poor. When this case was filed in the High Court, the judge directed the government to issue proceedings under Land Acquisition Act and then pay compensation. The single judge entertained a doubt whether the present High Court at Hyderabad can continue to have jurisdiction over AP State as the appointment date mentioned was June 2. This case came up to the division bench when a third party filed an appeal. The Bench answered the intrinsic legal issues in detail and speaking through the Chief Justice, said that Section 40 and 105 of the State Recognition Act have to be read harmoniously.

The articles in Constitution of India regarding High Courts and States were analysed and the Bench said that the present High Court of Judicature at Hyderabad will function for both the States. 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 does not arise as there is no fresh appointment.

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