Telangana High Court: Full bench to decide on Andhra Pradesh pending cases
Hyderabad: The full bench of the Telangana High Court will decide on the taken- up petition related to the transfer of all pending contempt cases, writ appeals and review petitions related to Andhra Pradesh to be transferred to the AP High Court.
A division bench comprising Chief Justice Thottathil B. Radhakrishnan and Justice A. Rajaseker Reddy while hearing a taken-up petition based on the letter from the AP High Court Advocates Association requesting the transfer of cases, came to a conclusion that a full bench had to be constituted to take a decision.
Section 40(3) of the AP Reorganisation Act says, “The Hyderabad High Court shall have, and the High Court of Andhra Pradesh shall not have jurisdiction to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Hyderabad before the date establishment of AP High Court.”
Because of this clause, cases of appeals, review petitions and contempt cases pertaining to AP are lying in the Telangana High Court. Given this, the President of AP High Court Advocates Association wrote to Justice Radhakrishnan to direct the registry of the Telangana High Court to transfer the cases to AP by exercising the powers given to him.
The additional part states: “Provided that if after any such proceedings have been entertained by the High Court at Hyderabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferredaccordingly."
Association president K.B. Ramanna Dora, in his letter, also urged Justice Radhakrishanan to issue directions to the respondent authorities to identify all cases where the subject matter and the party belong to AP. "There is a need to issue necessary orders to the authorities concerned in order to avoid difficulties to the parties to prosecute their cases in Telangana High Court as the advocates appearing in those matters have shifted their practice to Amaravati," he noted.
