HYDERABAD: While refusing to set aside the decision of TS government to repeal the AP Land Grabbing (Prohibition) Act, 1982 and transfer all land-grabbing cases pending in special courts and tribunals to the city civil courts and district courts, a division bench of HC on Friday said that it would have an in-depth hearing on whether the state was empowered to transfer the cases to other courts or not.
The bench, comprising acting chief justice Dilip B Bhosale and justice P Naveen Rao, was dealing with a petition filed by L Subbaramireddy questioning GOMs No 113 issued on June 1, 2016 by the revenue department of TS repealing the AP Land Grabbing (Prohibition) Act, 1982.
As per the GO, all cases pending before special court and special tribunals shall stand transferred to the city civil court, Hyderabad and respective district courts. All appeals pending before special court shall stand transferred to Hyderabad HC.
The petitioner’s counsel contended that the state government had no power to repeal the Act and transfer the cases to other courts.
Telangana advocate-general K Ramkrishna Reddy submitted that as per Section 101 of the AP Reorganisation Act 2014, the state government had the power either to amend or repeal any of the laws which were in existence on June 2, 2014.
Intervening, the bench said Section 101 of the Act empowers the state to make changes to the existing laws but it has to be examined whether it empowers the state to transfer the cases to other courts or not.
The petitioner’s counsel urged the bench to set aside the impugned GO.
However, the bench said that the matter has to be examined in detail and posted the matter to next week for hearing.