- (1.) Leave granted.
(2.) In a Writ Petition filed before the High Court while issuing notices to the parties the High Court observed as follows: "In view of the fact that the matter is under consideration of the State Government under Section 256 of the U. P. Kshetriya Samitis and Zila Panchayat Adhiniyam, 1961 as averred in para 26 of the Writ Petition, it is provided that till further orders of this Court or till the decision taken by the State Government in reference under Section 256 of the Act, whichever is earlier, the impugned order dated 12.5.1999 as contained in Annex No. 8 to the Writ Petition passed by the District Magistrate, Gautam Budh Nagar, shall remain stayed. "and put off the matter awaiting outcome of orders of Government.
(3.) The contention put forth before us is that the provisions of Section of 256 of the Act are not attracted to the case at all and, therefore, the matter could not have been postponed in the manner in which the High Court has done it. Prima facie there should have been a finding by the High Court whether the Appellants or the Zila Panchayats or the Kshetriya Panchayats are jointly interested in the matter in which the dispute has arisen and that needs to be referred to the Government. It is not clear as at whose instance the dispute has been referred to the Government and whether the same has been disposed of by the Government now or not. In the circumstances we set aside the order made by the High Court so far as this portion of the order is concerned and remit the matter back to the High Court for fresh consideration in accordance with law. However, it is open to the parties to raise all questions including the question relating to reference. The appeal is allowed accordingly.;