ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Arup Kumar Goswami, Ninala Jayasurya, JJ.
Ebburi Pandu Ranga - Appellant
Versus
Government of Andhra Pradesh - Respondent
Writ Petition No. 11496 of 2021
Decided On : 25-06-2021
Mandamus - High Court Premises - The petition sought a writ of Mandamus directing the Judges and Division Courts of the High Court to sit in an appropriate building in the premises of Nagarjuna University or in other suitable accommodation. The court found the petition misconceived as it lacked averments justifying the choice of premises and dismissed the petition.
Fact of the Case:
The petitioner, a practicing Advocate, filed a petition seeking a writ of Mandamus directing the High Court to sit in an appropriate building in the premises of Nagarjuna University or in other suitable accommodation due to alleged shortcomings and deficiencies in the present building.
Finding of the Court:
The court found the petition misconceived as it lacked averments justifying the choice of premises and dismissed the petition.
Issues: The main issue was whether the petition for a writ of Mandamus directing the High Court to sit in an appropriate building in the premises of Nagarjuna University or in other suitable accommodation was justified.
Ratio Decidendi: The court held that the petition lacked averments justifying the choice of premises and was misconceived.
Final Decision: The writ petition was not entertained and was disposed of with no costs.
JUDGMENT
Arup Kumar Goswami, CJ. - Heard Mr. Y. Surya Prasad, learned counsel for the petitioner. Also heard Mr. V. Maheswara Reddy, learned Government Pleader for Home appearing for respondent No.1, Mr. Venkateswarlu Posani, learned standing counsel for High Court appearing for respondent No.2, and Mr. N. Harinath, learned Assistant Solicitor General of India for respondent No.3.
2. This petition is filed by a practicing Advocate of this Court, seeking a writ of Mandamus directing that the Judges and Division Courts of this Court may also sit in an appropriate building in the premises of Nagarjuna University or in other suitable accommodation till such time suitable accommodation, facilities and other logistics are provided at the present place of functioning of the High Court.
3. It is pleaded that the High Court of Andhra Pradesh was constituted by the Hon?ble President of India vide order dated 26.12.2018 under Article 214 of the Constitution of India, taking into account the order passed by the Hon?ble 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 Reorganization Act, 2014, from the 1st day of January, 2019, with the principal seat of such High Court at Amaravati in the State of Andhra Pradesh. It is further pleaded that the High Court is functioning smoothly with the consecrated and dedicated services of the Hon?ble Judges assisted by the Bar since its constitution.
4. It is further pleaded that the Government of Andhra Pradesh brought the Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 (for short, "the Act of 2020?). Section 8 of the said Act provides that the State Government shall endeavour to locate all the Institutions of the State, State Department(s) and instrumentalities of the State in the three capitals and without prejudice to the generality of the foregoing, the State shall, as far as practicable, seek to ensure that the seat of Legislature shall be at the Legislative Capital of Amaravati, the Raj Bhawan, Secretariat and Offices of the Heads of the Departments of Government shall be located at the Executive Capital of Visakhapatnam and the seat of all State Judicial Institutions established under State legislations shall, as far as practicable, be located in the Judicial Capital of Kurnool.
5. Earlier, the petitioner had filed a writ petition numbered as W.P.No.1388 of 2020, challenging the constitutional validity of the Act of 2020. The said writ petition along with other writ petitions is pending consideration before the Full Bench.
6. The petitioner states that certain facilities and amenities are lacking in respect of the present building, such as, lack of residential accommodation nearby, lack of facilities for vehicle repairing, long distance of 25 kms. for accessing medical facilities, insufficient canteen facilities etc.
7. Learned counsel for the petitioner relies on paragraph 37 of a decision of the Karnataka High Court in Advocates Association v. The Chief Minister, Government of Karnataka,1997 AIR(Kant) 18, wherein it was observed as follows:
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