Thursday, 4 July 2013

MOBILE COURT-A BRIEF DESCRIPTION, INPUTS FROM N SRINIVASA RAO

The Bhadrachalam Division is part of the Scheduled Area in the Khammam  District and is governed by Article 244 r/w V schedule to the constitution of India. The Bhadrachalam  Division is consisting of erst while two taluks which is Bhadrachalam and Nugur . These two taluks were in the East Godavari District and the Division was transferred from East Godavari to Khammam District w.e.f.        30-11-1959 vide Revenue  Department notification No: 533 dt. 07-11-1959. According to Nugur and Bhadrachalam scheduled areas (validation of transfer to khammam  district) Regulation 1963 (1/1963) all the laws which extended to or were in force in these areas immediately before the transfer , shall continue to apply to these areas. Therefore, presently the Bhadrachalam  Division though form part of the Khammam District in Telangana Area , the laws applicable in the Andhra Area are in force as on date. The Bhadrachalam is consisting of the prominent temple of Lord Sri Sitharamachandra Swamy and holy river Godavari . The prominent festivals are Mukkoti Ekadashi and Sri Rama Navami . This  apart every twelve years Godavari Pushkaras (Kumbamela) will be celebrated to have holy bath.
According to the special Laws applicable in the Bhadrachalam Division the persons belongs to Non-Tribal community are prohibited from acquiring possession of any immovable property by way of transfer either from a tribal or from a non-tribal with effect from 03-02-1970 by virtue of the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/1959 amended by Reg. 1/1970.
As the Division form part of the scheduled areas in the state, the provisions of Civil Courts Act 1972 are not applicable. Therefore, the administration of Civil justice is being mend by the authorities from the Revenue Department. The Dist Collector is designated as Agent to the Government and is vested with the powers of District Judge and District Court in the Civil side. Likewise the in-charges of the Revenue Divisions consisting of the Scheduled Areas are designated as Agency Divisional Officers to exercise the Civil jurisdiction . In the year 1990 the Govt of A.P. vide the GOMS NO: 406 Home (Courts-A) Department , dt. 27-06-1990 relieved the Agency Divisional Officers from exercising the Judicial Powers by establishing the Mobile Court at Bhadrachalam under the designation as “ Sub Divisional Magistrate, Mobile Court, Bhadrachalam” confirming the Civil jurisdiction through out the Scheduled Areas situated in the Khammam District. The separation of Judiciary had taken place sofar as the cases governed by the provisions of Criminal Procedure Code. Accordingly the Court of the Judicial Magistrate of First Class, is functioning in the Bhadrachalam.

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