New Delhi/Koraput: The Supreme Court has issued notice to Andhra Pradesh and the Union government on an original suit filed by Odisha government over Kotia border dispute.
The notice was issued by the Registrar’s court to Andhra Pradesh and the Union Home Ministry directing them to enter appearance in the apex court registry within 28 days and also appear in the court through advocate-on-record during the hearing of the case along with the documents and witnesses in support of their case.
The notice was issued February 28. Significantly, Odisha filed an original suit in the SC over the border dispute with AP in January 2022.
The state pleaded the SC to declare that Odisha has absolute right to administer and possess Kotia group of villages and also pleaded to strike down or read down Article 131 of the Constitution. “Indeed the proviso to Article 131 of the Constitution of India misconstructed to render Odisha remediless.
There the proviso to the Article 131 is liable to be struck down or read down in the manner by which judicial remedy is provided to the plaintiff for adjudication of the disputed encompassed,” Odisha submitted in the fresh Original suit.
Odisha contended that the cause of action arose within the jurisdiction of Supreme Court only to try the present suit under Article 131 of the Constitution after either declaring the proviso to the said article unconstitutional or reading down.
Odisha had filed first original suit in SC in 1968 over Kotia dispute but the SC had dismissed the suit in 2006 saying that it is not maintainable under Article 131 in view of the bar contained in proviso of the article inserted 1956.
PNN
