BAR ASSOCIATION RAZOLE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Bar Association, Razole, East Godavari District has filed this writ petition questioning the G.O.Ms.No.127, Law Courts-C Department, dated 9-7- 1999 sanctioning the establishment of Senior Civil Judge's Court at Kothapeta as arbitrary and vitiated by legal mala fides.

(2.) At present, there is a Junior Civil Judge-cum-First Class Magistrate's Court covering the Revenue Mandals of Kothapeta, Ravulapalem, P. Gannavaram and Athrayapuram. The Senior Civil Judge's Court at Razole has been functioning at Razole since the year 1974 or so. It covers the areas within the territorial jurisdiction of Junior Civil Judge's Courts at Kothapeta and Razole. In February, 1992, the High Court recommended to the Government for establishing 72 new Courts of various categories. Senior Civil Judge's Court, Kothapeta was one amongst the new Courts recommended by the High Court. Out of these 72, in 1995, the Government issued orders sanctioning the establishment of 26 new Courts which figure in the list recommended by the High Court. Again on 9-7-1999 the Government issued orders sanctioning eight Sr. Civil Judges' Courts and one Junior Civil Judge's Court. The Senior Civil Judge's Court at Kothapeta is one amongst the said Courts sanctioned by the Government. It may be stated that during the intervening period between 1992-1999, fresh proposals were being sent by the High Court from time to time for establishing new Courts including the Sub- Courts (now known as Senior Civil Judge's Courts.).

(3.) It is the contention of the petitioner that the establishment of new Court at Kothapeta by bifurcating/splitting up the jurisdiction of the existing Senior Civil Judge's Court at Razole is wholly unwarranted and the existing pendency at Razole Court and the projected pendency in the new Court to be set up at Kothapeta does not justify the creation of a Senior Civil Judge's Court at Kothapeta. It is submitted that the work in Razole Court will be considerably reduced on account of creation of new Court at Kothapeta carved out of the existing Sub-Court at Razole. It is also contended that the Government reached the decision arbitrarily which is evident from the fact that quite a number of Courts with heavy pendency remain as they are.