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The Central government has notified the constitution of a new High Court for the state of Andhra Pradesh effective from January 1, 2019, with the principal seat at Amaravati.
The notification states,
“In pursuance of article 214 of the Constitution and the Order issued by the Supreme Court of India and in exercise of powers conferred under clause (a) of sub-section (1) of section 30, sub-section (1) of section 31 and sub-section (2) of section 31 of the Andhra Pradesh Reorganisation Act, 2014, the President hereby constitutes a separate High Court for the State of Andhra Pradesh, namely,the High Court of Andhra Pradesh, from the 1st day of January, 2019 with the principal seat of such High Court at Amaravati in the State of Andhra Pradesh and the High Court of Judicature at Hyderabad shall become the High Court for the State of Telangana.”
The following judges of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh shall become the Judges of the High Court of Andhra Pradesh at Amaravati with effect from the 1st day of January 2019.
The following shall cease to be judges of the common High Court of Judicature at Hyderabad and shall become judges of the High Court for the State of Telangana with effect from the first day of January 2019:
Stakeholders from both states have been calling for the bifurcation of the High Court of Judicature at Hyderabad since the passing of the Andhra Pradesh Reorganisation Act in 2014. The Act provides for separate High Courts in each State. To ensure that the same was implemented, a writ petition was filed in the High Court in 2015. The same was disposed of with directions to the state government to identify and locate the site of the new Andhra Pradesh High Court.
In an appeal against this order, the Centre stated that functioning of two High Courts within the same premises was impermissible as per the Act.
On a later date of hearing, noting that all concerned parties were in favour of the move, the Court held,
“Since all the requirements stand fulfilled, there is no embargo for the Competent Authority to issue a Notification bifurcating the courts into the High Court of Telangana and High Court of Andhra Pradesh respectively.”
The Centre was directed to ensure the same by January 1, 2019.
A notice published by the Andhra Pradesh High Court Advocates’ Association earlier this month revealed that the new High Court of Andhra Pradesh at Amaravati was likely to be inaugurated by January 1, 2019, in line with the Supreme Court’s direction.
The Executive Committee and the Committee of Senior Advocates of the Association were invited to attend a meeting with the Committee of Judges headed by Justice V Ramasubramaniam of the High Court, held on November 26, to discuss matters relating to bifurcation.
At the meeting, it was revealed that there was “every possibility of shifting the High Court for the State of Andhra Pradesh to Amaravathi by January 1, 2019”, subject to notification by the Government of India.
Read the notification: