- (1.) Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court. The controversy related to creation of a new district i.e. Baghpat in the State of Uttar Pradesh.
(2.) By the impugned order the High Court disposed of the writ petition as follows: "In view of the order passed in W.P. No. 5004 of 1999 Mohd. Tariq v. State of U.P. no further order is required in this petition. Petition is disposed of."
(3.) Since the order is practically unreasoned, it is necessary to take note of the factual background. On 15.9.1997 a Notification was issued under Section 11 of the U.P. Land Revenue Act,1901 (in short the 'Act') read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (in short the 'General Clauses Act'). The Governor directed creation of a new District by the name of Baghpat with effect from the date of publication of the Notification. A Writ Petition No. 9085 of 1999 was filed challenging the aforesaid Notification. There were essentially two prayers i.e. one was to quash the Notification dated 15.9.1997 and the other not to permit Baghpat District to continue. A Writ Petition Civil Misc. No. 39756 of 1998 had been filed wherein creation of a new District "Sant Kabir Nagar" was challenged in Ram Milan Sukla & Ors. By order dated 15.1.1999 a Division Bench of the High Court quashed the Notification dated 9.11.1998 and directed a fresh consideration. The operative portion of the judgment reads as follows: "On the facts and circumstances of the case, we allow this petition, quash the order dated 9.11.1998 and direct the State Government to reconsider the matter and decided whether there was any good administrative and financial grounds to issue the notification dated 5.9.1997 for creation of Sant Kabir district. If the State Government again decides to continue Sant Kabir Nagar and other districts created by the previous Government then it must introduce a bill in the State Legislature for this purpose. Until and unless such a bill is introduced and passed the notification dated 5.9.1997 shall remain in abeyance." ;