DWARAKADAS Vs. HIGH COURT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition to quash the notification, dated 28-3-1984 issued by the 1st respondent and published in Andhra Pradesh Gazette Extraordinary dated 30-3-1984.

(2.) The averments in support of the writ petition may be briefly stated :The petitioners are residents of villages situated in Madnoor and Yellareddy tqs., in Nizamabad district and filed appeals in the District court, Nizamabad and they are pending. The High Court of Andhra Pradesh issued a notification, dated 28-3-1984 sanctioning the establishment of a Sub-Court at Bodhan in Nizamabad district. By the same notification, the appellate powers have been given to the court of the Subordinate Judge, Bodhan. The District Court is located in Nizamabad district and Bodhan is not a remote place from Nizamabad and as such Section 17 (3) of the A. P. Civil Courts Act, 1972 cannot be invoked to give appellate powers to the Court of the Subordinate Judge, Bodhan. It is not in the interests of the public at Yellareddy, Madnoor and Banswada to have the appellate court at Bodhan and the parties to the appeals are deprived of having their appeals decided by the District Judge, Further there are better conveyance facilities to reach Nizamabad and there are about 300 advocates at Nizamabad and many leading advocates are residing at Nizamabad. There are hardly 30 advocates at Bodhan and thus better legal assistance and advice is available at Nizamabad than Bodhan. Further Nizamabad is more convenient than Bodhan for filing appeals from the Courts of District Munsifs of Yellareddy, Madnoor and Banswada.

(3.) In the counter-affidavit filed by the Registrar (Administration) of the High Court, it is stated that the distance between Nizamabad and Bodhan is 16 miles or 26 kms. The distance between Bodhan and Banswada is 20 miles or 32 Kms. and Banswada and Madnoor is about 50 miles or 80 Kms. Madnoor is about 40 miles or 64 Kms, from Yellareddy. Thus Bodhan is nearer by 26 Kms. for the litigant public of Madnoor, Banswada and Yellareddy than Nizamabad. Bodhan is also a well developed town with all facilities to the litigant public and the Nizam Sugar Factory is situated at Bodhan. The litigant public will be saved from much trouble and expense in their journey to Bodhan than Nizamabad. It is the policy of the Government to establish new courts accessible to the litigant public and locate Sub-Courts for each of the Revenue Divisional Headquarters with a view that the administration of Justice should be carried nearer home to the litigant public. The Sub-Courts are functioning with appellate jurisdiction in all places in the State including the district headquarters. The District Courts and the Sub-Courts are exercising concurrent jurisdiction with regard to the disposal of appeals. The intention of Section 17 (3) of the A. P. Civil Courts Act is to locate the Sub-Court in a place other than or away from the district headquarters. The expression 'remote' in Section 17 (3) has to be understood in the context. There is heavy pendency of O. Ps. under Motor Vehicles Act and Land Acquisition Act in the District Court besides several other Sessions Cases and, therefore, to reduce the pendency in the District Court and for a speedy disposal of cases, it is necessary that the appellate jurisdiction be conferred on the Sub-Court, Bodhan in the interests of the litigant public