GOPALA RAO B Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners seek a writ of mandamus "declaring the action of the Respondents 2 and 3 in not transferring the pending cases on the file of the Sub-Judge at Nuzvid to Sub-Court at Vijayawada even after G.O.Ms.No.379 dated 22-9-1993 came into force, transferring the territorial jurisdiction of Ibrahimpatnam Mandalam to Vijayawada as illegal, arbitrary, unjust, highhanded, meaningless and without authority and consequently direct the respondents to implement the G.O. by transferring the pending cases pertaining to Ibrahimpatnam Mandalam to the Subordinate Judge at Vijayawada........." etc.

(2.) Under G.O.Ms.No. 379, Home (Courts-A) Department, dated 8-9-1993 published in the Andhra Pradesh Gazette No.372, dated 22-9-1993 made "in exercise of the powers conferred by Section 15(a) of the Andhra Pradesh Civil Courts Act, 1972" the territorial jurisdictions of the Subordinate Judge'sCourts at Nuzvid and Vijayawada were altered by transferring the jurisdiction over the territories of certain Revenue Mandals including Ibrahimpatnam Mandal from Subordinate Judge's Court at Nuzvid to Subordinate Judge's Court at Vijayawada. The petitioners belong to Ibrahimpatnam Mandal and some of their lands were acquired, in respect of which O.Ps. under Section 18 of the Land Acquisition Act, 1894 were pending in the Subordinate Judge's Court at Nuzvid on the date when the said G.O.Ms.No.379 came into force i.e., 22-9-1993 - the date of its publication. The petitioners contend that as and from 22-9-1993, in view of the fact that the G.O. took away the territorial jurisdiction of the Subordinate Judge's Court at Nuzvid and transferred the same to the Subordinate Judge's Court at Vijayawada, the Subordinate Judge's Court at Nuzvid would automatically lose its jurisdiction to continue to deal with their pending O.Ps., and that their O.Ps. would stand transferred to the Subordinate Judge's Court at Vijayawada. Alternatively, they contend that the 3rd Respondent ought to have transferred all their O.Ps. and other cases relatable to the territory of Ibrahimpatnam Mandal from the Subordinate Judge's Court Nuzvid to the Subordinate Judge's Court, Vijaywada. The second submission obviously proceeds on the basis that in respect of all pending cases relatable to the territory of Ibrahimpatnam Mandal, the Subordinate Judge'sCourtatNuzvid continues to have jurisdiction-otherwise the transfer of cases from that Court to Subordinate Judge's Court at Vijayawada would not arise.

(3.) The short and engaging question that arises for consideration, therefore, is whether as and from the date G.O.Ms.No.379 came into force i.e., from 22-9-1993, the Subordinate Judge's Court at Nuzvid would lose territorial jurisdiction over all cases relatable to the territory of Ibrahimpatnam Mandal pending in it as on 22-9-1993 and whether they automatically get transferred to the Subordinate Judge's Court at Nuzvid (sic. Vijayawada) without orders of transfer by the 3rd Respondent.