26-Dec-2018: President order for establishment of High Court in Andhra Pradesh

WHEREAS article 214 of the Constitution provides that there shall be a High Court for each State; AND WHEREAS the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) (hereafter in this Order referred to as the said Act) was enacted with a view to provide for the reorganisation of the existing State of Andhra Pradesh and for matters connected therewith;

AND WHEREAS clause (a) of section 30 of the said Act provides that the High Court of Judicature at Hyderabad shall be the common High Court for the State of Telangana and the State of Andhra Pradesh till a separate High Court for the State of Andhra Pradesh is constituted under article 214 of the Constitution read with section 31 of the said Act;

AND WHEREAS sub-section (1) of section 31 of the said Act provides that subject to the provisions of section 30, there shall be a separate High Court for the State of Andhra Pradesh (hereafter in this Order referred to as the High Court of Andhra Pradesh) and the High Court of Judicature at Hyderabad shall become the High Court for the State of Telangana;

AND WHEREAS sub-section (2) of section 31 of the said Act provides that the principal seat of the High Court of Andhra Pradesh shall be at such place as the President may, by a notified Order, appoint;

AND WHEREAS the Supreme Court of India in the matter of Union of India Vs. T. Dhangopal and Ors [SLP (civil) No. D. 29890 of 2018] held that there is no embargo for the Competent Authority to issue a notification bifurcating the High Court of Judicature at Hyderabad into the High Court of Telangana and the High Court of Andhra Pradesh respectively and such a notification to be issued by the 151 day of January, 2019 so that the two High Courts start functioning separately and the High Court of Andhra Pradesh also starts functioning in the new building at the earliest and accordingly, the appeal was disposed.

Now, THEREFORE, in pursuance of article 214 of the Constitution and the Order issued by the Supreme Court of India in the aforesaid matter 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.