THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.93 of 2019
JUDGMENT :(per Hon'ble Sri Justice A.Rajasheker Reddy)
This Writ Appeal is filed against order dated 01.11.2018 in
W.P.No.4050 of 2006 wherein and whereby the learned Single
Judge disposed of the writ petition setting aside the appointment
of the appellant herein (7th respondent therein) as Anganwadi
worker of Vippalapalem village, Hamlet of Gadamapale, Golugonda Mandal, Visakhaptnam District.
Heard learned counsel for the appellant. A perusal of the impugned order passed by the learned Single Judge goes to show that the same was passed on 01.11.2018, i.e., in the combined High Court for the States of Telangana and the State of Andhra Pradesh. After bifurcation of the State of Andhra Pradesh under the Andhra Pradesh Reorganization Act, 2014 (for short 'the Act of 2014'), the Hon'ble President of India on 26th December, 2018 issued orders bifurcating the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh into High Court for the State of Telangana with the principal seat at Hyderabad and High Court of Andhra Pradesh with the principal seat at Amaravati, which came into effect from 1st January, 2019. The parties in this Writ Appeal located in the State of Andhra Pradesh and the proceedings that have been impugned in W.P.No.4050 of 2006 have been issued by the officials in the said State. Section 40 of the Andhra Pradesh Reorganization Act, 2014, reads as follows:
"40. Transfer of proceedings from Hyderabad High Court to Andhra Pradesh High Court.--
(1) Except as hereinafter provided, the High Court at Hyderabad shall, as from the date referred to in subsection (1) of section 30, have no jurisdiction in respect of the State of Andhra Pradesh.
(2) Such proceedings pending in the High Court at Hyderabad immediately before the date referred to in sub- section (1) of section 30 as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Andhra Pradesh shall, as soon as may be after such certification, be transferred to the High Court of Andhra Pradesh.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 33, but save as hereinafter provided, the High Court at Hyderabad 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 14 in respect of any order passed by the High Court at Hyderabad before the date referred to in sub-section (1) of section 30:
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 transferred accordingly.
(4) Any order made by the High Court at Hyderabad--
(a) before the date referred to in sub-section (1) of section 30, in any proceedings transferred to the High Court of Andhra Pradesh by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Hyderabad retains jurisdiction by virtue of sub- section (3), shall for all purposes have effect, not only as an order of the High Court at Hyderabad, but also as an order made by the High Court of Andhra Pradesh."
Section 40 of the Act of 2014 makes it clear that this Court has no territorial jurisdiction to entertain the present Writ Appeal.
In view of above, Registry is directed to take appropriate steps for transferring this file to the High Court for the State of Andhra Pradesh.
___________________________________ SATISH CHANDRA SHARMA, CJ _____________________________ A.RAJASHEKER REDDY, J 29.11.2021 kvs THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT APPEAL No.93 of 2019 29.11.2021 kvs