Monday, December 12, 2011

REQUIREMENT OF ADDITIONAL DISTRICT COURT AT NAGARKURNOOL

From;
MADIRAJU MADHUSUDHANRAO Email; majumadhu@gmail.com
ADVOCATE Mobile; 9491047228 and 9441436305
H.NO; 17-102, SREENAGAR COLONY Land Line; 08540-226535
NAGARKURNOOL; DISTRICT MAHABOOBNAGAR Dated; 18-11-2011

TO,
The Honourable Chief Justice,
High Court of Andhra Pradesh
High Court Premises, HYDERABAD

(THROUGH HONOURABLE DISTRICT JUDGE MAHABOOBNAGAR)

May it please your Lordship,
Subject; Representation for considering for sanction of Additional District Court
At NAGARKURNOOL,MAHABOOBNAGAR DISTRICT–Requested Regarding.
Reference; Several Representations submitted by the Bar Associations (1)
Nagarkurnool (2) Bar Association Achampet,(3) Bar Association Kollapoor
and (4) Bar Association Kalwakurthy, in Mahaboobnagar District since last
10 Years.
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I, M.Madhusudhan Rao S/o Late M.Ramachander Rao Age 58 years, Occupation Legal Practitioner, R/o H.No 17-102, Srinagar Colony Nagarkurnool, District Mahaboobnagar do hereby submit the following few lines for your Lordship kind Consideration as under.
1. I humbly submit that NAGARKURNOOL TOWN in Mahaboobnagar District is one of Parliamentary Constituencies in the District where a Senior Civil Judges Court, Junior Civil Judges Court, Junior Civil Judge Cum Judicial Magistrate of First Class (Special Mobile Court) are in existence as well as Revenue Divisional Office etc.,

2. It is submitted that the Nagarkurnool Revenue Division consists of Three erstwhile Talukas (1) Nagarkurnool,(2) Kollapoor and (3) Achampet, and during the abolition of Talukas system Total (16) Mandals have been formed , (6) Mandals in Nagarkurnool Taluk,(5) Mandals in Achampet Taluk and (5) Mandals in Kollapoor Taluk.
3. It is submitted that the Senior Civil Judges Court situated at Nagarkurnool is having the territorial Jurisdiction of all the above said Mandals. It is also submitted that prior to formation of Senior Civil Judge Court at Nagarkurnool the litigants are used to go Mahaboobnagar which is the District Head Quarters to attend the District and Sessions Courts to prosecute and defend their cases by incurring huge expenses and by travelling more than 200 K.Ms.
4. It is submitted that in order to reduce the difficulties of litigants in the year 1987 Senior Civil Judge Court Nagarkurnool is sanctioned and formed. It is further submitted that after formation of the Court of the Senior Civil Judges Court at Nagarkurnool the poor litigants of remote area of Achampet and Kollapoor are felt happy with the policy of Government in bringing the justice to Door Steps by forming the courts in various places, like Nagarkurnool,
5. It is submitted that there was a Court of Senior Civil Judge at Wanaparthy on purely temporary basis for the purpose of Trial of Land Acquisition cases. It is submitted that since the Cases under Land Acquisition were completed, the Political Leaders belonging to Wanaparthy area have made efforts to continue the Senior Civil Judge Court at Wanaparthy, though there was no policy in the Government as Wanaparthy was not the Revenue Division. In order to protect their interests they succeeded in formation of Revenue Division at Wanaparthy, to meet the requirement of establishment of the Senior Civil Judge Court, in that process Two Mandals i.e.(1) Weepanagandla and (2) Pangal in Kollapoor Junior Civil Judges Court Jurisdiction have been added to the Jurisdiction of Senior Civil Judge Wanaparthy.
6. It is submitted that the people of Achampet, Kollapoor ,and Kalwakurthy are struggling for formation of Additional District Court at Nagarkurnool along with the People of Nagarkurnool, by submitting representation to the District Judge Mahaboobnagar, Judges of Honourable High Court as well as to the Government of State of Andhra Pradesh since last 10 years, but none of the competent authorities considered the difficulties of the poor litigant people for one or other reasons best known to them only.
7. It is submitted that the Bar Associations cited in reference also submitted their representations substantiating the difficulties of poor people who are attending the District Court at Mahaboobnagar in various criminal and Civil cases travelling more than 200 Kilometers from the respective villages by incurring huge amounts and requested the authorities to consider the genuine requests of people of Achampet, Kollapoor, Kalwakurthy and Nagarkurnool along with the Official records like lists of pending cases and Geographical maps explaining the Distances, and transport system etc.
8. It is submitted that in Mahaboobnagar District there are TWO parliamentary Constituencies (1) Mahaboobnagar and (2) Nagarkurnool. All the Additional District Courts which now exist in the District are situated in Mahaboobnagar Gadwal, and recently new Additional District Court is sanctioned to Wanaparthy, and the people of Achampet, Kollapoor and Nagarkurnool are always deprived of their genuine and legitimate right of access to justice.
9. It is submitted that recently, the Political Leaders of Wanaparthy are influenced the Government of Andhra Pradesh and succeeded in their efforts in getting the sanction of Additional District Court at Wanaparthy, in this regard I respectfully submit that the entire Process of the sanction of Additional District Court at Wanaparthy has made confidentially and within a period of few months without getting any consent of the People of the Nagarkurnool Constituency,
10. The competent authorities have also comfortably cooperated to the Leaders of Wanaparthy, suppressing the Long pending demand by the People of Nagarkurnool parliamentary Constituency, and deliberately failed to submit the representations received from the Various Bar Associations of Nagarkurnool ,Achampet, Kollapoor and Kalwakurthy, to the Honourable High Court, this particular aspect came to the Knowledge when the President of Bar Association Nagarkurnool had get the information from the District Court Mahaboobnagar under the Right to Information Act. I am also filed an Application under Right to Information Act before the Information officer District Court Mahaboobnagar and the same is pending. ( The copy of application filed under the provisions of Right to information Act is enclosed hereto)
11. It is submitted that the District Administration ought to have conduct enquiry as to the distances from Various Mandals of Achampet, Kollapoor, Nagarkurnool, Kalwakurthy etc., and that at least the District Court should have consult the Bar Associations of Nagarkurnool, Achampet, and Kollapoor and get the consent while ousting the Jurisdiction.

12. It is submitted that due to non-following the principles of natural justice in giving opportunity to the people of Remote areas of Achampet, Kollapoor etc. while attaching their jurisdiction to Wanaparthy from Mahaboobnagar is resulted substantial loss and hardship, since people of Achampet and Kollapoor cannot reach Mahaboobnagar or Wanaparthy without touching the Town of Nagarkurnool, and that for the other purposes like Consumers Forum, Collector Office, Forest Office etc. the people should go to Mahaboobnagar only, where there is Direct Bus Facility from their villages, but in order to reach Wanaparthy one must Change Bus at Nagarkurnool Town.
13. It is submitted that under the above circumstances the Decision taken by the Government of Andhra Pradesh in forming the Additional District Court at Wanaparthy is not fair, and illegal in view of the fact that no opportunity has been given while detaching the Jurisdiction of Nagarkurnool, Achampet, and Kollapoor from District Court Mahaboobnagar and Attaching to Additional District Court Wanaparthy, the Government of Andhra Pradesh might be under pressure of Politics without following the minimum norms, and thereby mounted additional burden on the poor litigants of Achampet, Kollapoor, and Nagarkurnool area, thereby the Policy of Justice to Door Steps is denied.
14. Therefore in the circumstances it would be just and expedient to call for the entire records and Remarks from the District Court Mahaboobnagar as well as the Government, and Registry of Honourable High Court of Andhra Pradesh dealing with the subject matter in order to prevent injustice to the Government Policy of “JUSTICE TO DOOR STEPS”
It is submitted that in view of the above facts and circumstances, Honourable Chief Justice of High Court of Andhra Pradesh may be pleased to order and enquiry as to the Distances, from various Mandals to Wanaparthy from Nagarkurnool , Achampet, Kollapoor, Kalwakurthy and specific Route Map may be called for in order to consider the justifiable requirement of poor litigants of Achampet, Kollapoor, Nagarkurnool and Kalwakurthy by giving them an opportunity to present their willingness, or their inconvenience etc. before inaugurating the Additional District Court at Wanaparthy, for which act of kindness I shall ever pray.
Encl; Geographical Map showing the Mandals in Mahaboobnagar District
And the Area of Nagarkurnool is shown in Red colour in the map.


Yours faithfully
(Madiraju Madhusudhan Rao)
Advocate/Nagarkurnool
1. Advance Copy Submitted to the Honourable Chief Justice, High Court of Andhra Pradesh High Court Premises Hyderabad.
2. The Chief Minister of Andhra Pradesh Hyderabad.
3. The Principal Secretary to Government of Andhra Pradesh Department of Home-Law and Justice, Secretariat, Hyderabad.
4. The Chief Secretary Government of Andhra Pradesh, Secretariat Hyderabad.

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