TS HC to transfer all AP origin cases

HYDERABAD:  The full bench of Telangana High Court on Tuesday directed for transfer of all AP origin cases, including writ appeals, contempt and review petitions, to the Andhra Pradesh High Court. As for other cases pertaining to both AP and Telangana states, it said that the chief justice of Telangana High Court would take the final administrative decision with regard to either transfer the case to AP high court or to retain them in Telangana HC.

The bench said that all the matters pertaining to both states would necessarily have to be dealt with on a case to case basis and cannot be brought within the sweep of the administrative power vesting in the Chief Justice under the provisions of Section 40 (3) of the AP Reorganization Act, 2014, which included the service disputes pertaining to both the States and all such other matters where both the States figure as parties. 

“Needless to state, cases in which Telangana figures as a party would not come within the ambit of Section 40(3) of the AP Reorganization Act, 2014. Section 40 of the Act essentially deals with the proceedings which are liable to be transferred from Hyderabad High Court to the newly constituted High Court of Andhra Pradesh, owing to its jurisdiction being denuded under Section 40 (1) of the Act,’’the bench noted.

Further, the bench said that in the present circumstances it would be advisable to transfer the writ appeals on hand and all such other matters which would come within the ambit of Section 40 (3) of the Act, including contempt cases, review petitions and applications seeking leave to approach the Supreme Court in relation to the orders passed by the erstwhile common high court at Hyderabad, to the newly constituted AP high court at Amaravati.

While disposing of the PIL, the bench directed the registry to place all these writ appeals and similar cases before the Chief Justice for passing appropriate orders. The bench noted that all the writ appeals on hand pertain to the people of AP state or the properties situated in the said state.

Association president KB Ramanna Dora, in his letter, stated that though the writ appeals, review petitions, contempt cases and other petitions were relating to AP state they continue to be in the Telangana High Court. He urged the CJ for their transfer by exercising the powers under Section 40 (3) of the AP Reorganization Act.

Besides, he also urged the CJ to issue necessary directions to the respondent authorities to identify all the cases where the subject matter and the party belongs to AP state. There is a need to issue necessary orders to the authorities concerned in order to avert difficulties of the parties to prosecute their cases in Telangana high court as the advocates appearing in those matters have shifted their practice to Amaravathi, he noted.  
The sub-section (2) of Sec 40 of the Act provides for the Chief Justice of Hyderabad HC certifying the cases pending, and upon such certification by the CJ, all such cases were to be transferred to the newly established AP HC.