R. C. Lahoti, J. - (1.) The present State of Rajasthan came into being on November 1, 1956 in accordance with the States Reorganisation Act, 1956 (hereinafter 'the Act') consisting of the territories mentioned in S. 10 thereof. Sub-section (2) of S. 49 mandates a High Court being established for the new State of Rajasthan as from the appointed day, i.e., November 1, 1956. On October 27, 1956, the President of India in exercise of the powers conferred by sub-section (1) of S. 51 of the Act, directed Jodhpur to be the principal seat of the new High Court for the State of Rajasthan. Initially the Chief Justice of the State established a temporary Bench of the High Court of Rajasthan at Jaipur but eventually exercising the power conferred by sub-section (2) of S. 51 of the Act the President on January 31, 1977 issued an order which reads as under :-"In exercise of the powers conferred by sub-section (2) of S. 51 of the States Reorganisation Act, 1956 (37 of 1956), the President, after consultation with the Governor of Rajasthan and the Chief Justice of the High Court of Rajasthan, is pleased to make the following order, namely :- 1. Short title and commencement.- (1) This order may be called the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976. (2) It shall come into force on the 31st day of January, 1977. 2. Establishment of a Permanent Bench of the Rajasthan High Court at Jaipur- There shall be established a permanent Bench of the High Court of Rajasthan at Jaipur, and such Judges of the High Court of Rajasthan, being not less than five in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Jaipur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Ajmer, Alwar, Bharatpur, Bundi, Jaipur, Jhalawar, Jhunjhunu, Kotah, Sawai Madhopur, Sikar and Tonk. Provided that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Jodhpur. New Delhi Sd/- F. A. AHMAD December 8, 1976. President."
(2.) On 23rd December, 1976, the then Acting Chief Justice of the High Court of Rajasthan issued the following order carving out jurisdiction between the cases to be heard at Jodhpur principal seat and the Jaipur Bench seat :- "RAJ. HIGH COURT, JODHPUR NOTIFICATION No. 1/J.B. Dated Dec. 23, 1976. In pursuance of the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976, and in exercise of the powers under sub-section (2) of S. 44 of the Rajasthan High Court Ordinance, 1949, read with Ss. 54 and 57 of the States Reorganisation Act, 1956, the Hon'ble the Chief Justice has been pleased to order that with effect from the 31st day of January, 1977- (a) all cases arising in the revenue districts of Banswara, Barmer, Bikaner, Bhilwara, Chitorgarh, Churu, Dungarpur, Ganganagar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Sirohi and Udaipur (except such case or class of cases as may by special order be transferred to the Jaipur Bench) shall be disposed of by the Court at Jodhpur, and (b) all cases arising in the revenue districts of Ajmer, Alwar, Bundi, Bharatpur, Jaipur, Jhalawar, Jhunjhunu, Kotah, Sawai Madhopur, Sikar and Tonk (except such case or class of cases as may by special order be transferred to the Court at Jodhpur) shall be disposed of by the Court at Jaipur. Provided that a Vacation Judge, whether sitting at Jodhpur or at Jaipur may hear any case irrespective of the district in which it has arisen for the purpose of deciding any matter which in his opinion requires immediate action. Explanation.- A writ case shall be deemed to arise in the district where the first order pertaining to that case was passed by a Court, Tribunal or Authority irrespective of the district in which the appeal or revision from that order is heard and irrespective also of the fact whether or not there has been any modification or reversal of the order in appeal or revision. Sd/- Ved Pal Tyagi CHIEF JUSTICE 23-12-1976."
(3.) On 12th January, 1977 the learned Acting Chief Justice issued yet another order substituting a new explanation now forming part of the order dated December 23, 1976, which reads as under :- "In the above order for the Explanation the following may be substituted.- 'Explanation- A writ case shall be deemed to arise in the district where the cause of action for issuing the first order pertaining to that case passed by a Court, Tribunal or authority has arisen irrespective of the district in which the appeal or revision from that order is heard and irrespective also of the fact whether or not there has been any modification or reversal of the order in appeal or revision.' Sd/- Ved Pal Tyagi CHIEF JUSTICE 12-1-1977." ;