30. High Court of Judicature at Hyderabad to be common High Court till establishment of High
Court of Andhra Pradesh.––(1) On and from the appointed day,––
(a) the High Court of Judicature at Hyderabad shall be the common High Courtfor 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 this Act;
(b) the Judges of the High Court at Hyderabad for the existing State of Andhra Pradesh holding
office immediately before the appointed day shall become on that day the Judges of the common High
Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common High Court
shall be allocated amongst the States of Andhra Pradesh and Telangana on the basis of population ratio.
31. High Court of Andhra Pradesh.––(1) Subject to the provisions of section 30, there shall be a
separate High Court forthe State of Andhra Pradesh (hereinafter referred to asthe High Court of Andhra
Pradesh) and the High Court of Judicature at Hyderabad shall become the High Court for the State of
Telangana (hereinafter referred to as the High Court at Hyderabad).
(2) The principal seat of the High Court of Andhra Pradesh shall be at such place as the President
may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High
Court of Andhra Pradesh may sit at such other place or places in the State of Andhra Pradesh other than its
principal seat as the Chief Justice may, with the approval of the Governor of Andhra Pradesh, appoint.
32. Judges of Andhra Pradesh High Court.––(1) Such of the Judges of the High Court at
Hyderabad holding office immediately before the date of establishment of the High Court of Andhra
Pradesh as may be determined by the President, shall, from that date cease to be Judges of the High Court
at Hyderabad and become, Judges of the High Court of Andhra Pradesh.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Andhra Pradesh
shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank
in that Court according to the priority of their respective appointments as Judges of the High Court at
Hyderabad.
33. Jurisdiction of Andhra Pradesh High Court.––The High Court of Andhra Pradesh shall have,
in respect of any part of the territories included in the State of Andhra Pradesh, all such jurisdiction,
powers and authorityas, under the law in force immediately before the datereferred to in sub-section (1) of
section 30, are exercisable in respect of that part of the said territories by the High Court at Hyderabad.
34.Special provision relating to Bar Council and advocates.––(1) On and from the date referred to
in sub-section (1) of section 30, in the Advocates Act, 1961 (25 of 1961),in section 3, in sub-section (1), in
clause (a), for the words “Rajasthan, Uttar Pradesh”, the words “Rajasthan,Telangana, Uttar Pradesh” shall
be substituted.
(2) Any person who immediately before the date referred to in sub-section (1) of section 30 is an
advocate on the roll of the Bar Council of the existing State of Andhra Pradesh and practising as an
advocate in the High Court at Hyderabad, may givehis option in writing, within one year from that date to
the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Telangana and
notwithstanding any thing contained in the Advocates Act, 1961 (25 of 1961) and the rules made
thereunder, on suchoption so given his name shall be deemed to have been transferred on the roll of the
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Bar Council of Telangana with effect from the date of the option so given for the purposes of the said Act,
and the rules made thereunder.
(3) The persons other than the advocates who are entitled immediately before thedate referred to in
sub-section (1) of section 30, to practise in the High Court at Hyderabad or any subordinate court thereof
shall, on and after that date, be recognised as such persons entitled also to practise in the High Court of
Andhra Pradesh or any subordinate court there of, as the case may be.
(4) The right of audience in the High Court of Andhra Pradesh shall be regulated in accordance with
the like principles as immediately before the date referred to in sub-section (1) of section 30, are in force
with respect to the right of audience in the High Court at Hyderabad.
35. Practice and procedure in Andhra Pradesh High Court.––Subject to the provisions of this
Part, the law in force immediately before the datereferred to in sub-section (1) of section 30 with respect to
practice and procedure in the High Court at Hyderabad shall, with the necessary modifications, apply in
relation to the High Court of Andhra Pradesh, and accordingly, the High Court of Andhra Pradesh shall
have all such powers to make rules and orders with respect to practice and procedure as are immediately
before that date exercisable by the High Court at Hyderabad:
Provided that any rules or orders which are in force immediately before the datereferred to in
sub-section (1) of section 30 with respect to practice and procedure in the High Court at Hyderabad shall,
until varied or revoked by rules or orders made by the High Court of Andhra Pradesh, apply with the
necessary modifications in relation to practice and procedure in the High Court of Andhra Pradesh as if
made by that Court.
36. Custody of seal of Andhra Pradesh High Court.––The law in force immediately before the date
referred to in sub-section (1) of section 30 with respect to the custody of the seal of the High Court at
Hyderabad shall, with the necessary modifications, apply with respect to the custody of the seal of the
High Court of Andhra Pradesh.
37. Form of writs and other processes.––The law in force immediately before the date referred to in
sub-section (1) of section 30 with respect to the form of writs and other processes used, issued or awarded
by the High Court at Hyderabad shall, with the necessary modifications, apply with respect to the form of
writs and other processes used, issued or awarded by the High Court of Andhra Pradesh.
38. Powers of Judges.––The law in force immediately before the date referred to in sub-section (1) of
section 30 relating to the powers of the Chief Justice, single Judges and division courts of the High Court
at Hyderabad and with respect to all matters ancillary to the exercise of those powers shall, with the
necessary modifications, apply in relation to the High Court of Andhra Pradesh.
39. Procedure as to appeals to Supreme Court.–– The law in force immediately before the date
referred to in sub-section (1) of section 30 relating to appeals to the Supreme Court from the High Court at
Hyderabad and the Judges and division courts thereof shall, with the necessary modifications, apply in
relation to the High Court of Andhra Pradesh.
40. Transfer of proceedings from Hyderabad High Court to Andhra Pradesh High Court.––(1)
Except as hereinafter provided, the High Court at Hyderabad shall, as from the date referred to in
sub-section (1) of section 30, have no jurisdiction in respect of the State of Andhra Pradesh.
(2) Such proceedings pending in the High Court at Hyderabad immediately before the date referred to
in sub-section (1) of section 30 as are certified, whether before or after that day, by the Chief Justice of that
High Court, having regard to the place of accrual of the cause of action and other circumstances, to be
proceedings which ought to be heard and decided by the High Court of Andhra Pradesh shall, as soon as
may be after such certification, be transferred to the High Court of Andhra Pradesh.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 33, but
save as hereinafter provided, the High Court at Hyderabad shall have, and the High Court of Andhra
Pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the
Supreme Court, applications for review and other proceedings where any such proceedings seek any relief
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in respect of any order passed by the High Court at Hyderabad before the date referred to in sub-section (1)
of section 30:
Provided that if after any such proceedings have been entertained by the High Courtat Hyderabad, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Andhra Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be
transferred accordingly.
(4) Any order made by the High Court at Hyderabad––
(a) before the date referred to in sub-section (1) of section 30, in any proceedings transferred to
the High Court of Andhra Pradesh by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Hyderabad retains jurisdiction by
virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High Court at Hyderabad, but also as an
order made by the High Court of Andhra Pradesh.
41. Right to appear or to act in proceedings transferred to Andhra Pradesh High Court.––Any
person who, immediately before the date referred to in sub-section (1) of section 30, is an advocate
entitled to practise or any other persons entitled to practise in the High Court at Hyderabad and was
authorised to appear in any proceedings transferred from that High Court to the High Court of Andhra
Pradesh under section 40, shall have the right to appear in the High Court of Andhra Pradesh in relation to
those proceedings.
42. Interpretation.––For the purposes of section 40,––
(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues
between the parties, including any issues with respect to the taxation of the costs of the proceedings
and shall include appeals, applications for leave to appeal to the Supreme Court, applications for
review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division
court thereof, and references to an order made by a court or a Judge shall be construed as including
references to a sentence, judgment or decree passed or made by that court or Judge.
43.Savings.––Nothing in this Part shall affect the application to the High Court of Andhra Pradesh of
any provisions of the Constitution, and this Part shall have effect subject to anyprovision that may be
made on or after the date referred to in sub-section (1) of section 30 with respect to that High Court by
any Legislature or other authority having power to make such provision.