Binod Kumar Roy and Lakshmi Bihari, JJ. - (1.) These two writ petitions, the second one having been connected with the first one vide order dated 25.11.1999, were listed before our Bench for the first time on 17.1.2000 in which cross prayers have been made. They have been heard together and are being disposed of by this common judgment and order. It may be mentioned that on an application filed by the petitioners of the first petition, before Hon'ble the Chief Justice, His Lordship vide his administrative order dated 11.1.2000 directed to place it before a Bench presided over by one of us. (Binod Kumar Roy, J.).
(2.) Civil Misc. Writ Petition No. 44906 of 1999 has been filed by 5 Advocates of the Collectorate Bar, Etawah, for commanding the respondents by issuance of a writ, order or direction in the nature of mandamus not to give effect to and to quash (i) the Notification dated September 18, 1997 (as contained in Annexure-1 to the writ petition) and (ii) the letter dated 22.7.1999 of the Registrar, High Court of Judicature at Allahabad (as contained in Annexure-1A to the writ petition). In substance, the prayer of the petitioners is to quash the creation of the new district named Auraiya as a Revenue district as well as Judicial district both. 2.1. The document appended as Annexure-1 is the English translation of Revenue Department-5, Notification No. 2869/1-5-97/322-99-Rev.-9 dated September 18, 1997, published in the U. P. Gazette, Extra., Part 4, Section (Kha), dated 18th September, 1997, p. 2 (AP 690) which reads thus : "In exercise of the powers under Section 11 of the U. P. Land Revenue Act. 1901 (U. P. Act No. III of 1901), read with Section 21 of the Uttar Pradesh General Clauses Act. 1904 (U. P. Act No. 1 of 1904) the Governor, in partial modifications of earlier notifications issued in this behalf, is pleased to crate with effect from the date of publication of this notification fn the Gazette, a new district by the name of Auraiya comprising the areas included in existing Tehsils of Auraiya and Bidhuna of district Etawah with its headquarters at Auraiya and to alter with effect from the said date, the limits of the existing district of Etawah so as to comprise the existing areas except those included in the newly created district of Auraiya. 2. The Governor is further pleased to direct that nothing in this notification shall affect any legal proceedings already commenced or pending in any Court of law which has hitherto exercised jurisdiction in respect of said areas." 2.2. The document appended as Annexure-lA reads thus : "From. Sri S.S. Kulshrestha, H.J.S.. Registrar. High Court of Judicature at Allahabad. To, Sri Arun Kumar Srivastava, Special Secretary, Government of U. P.. Judicial Section-2, (Subordinate Courts) Section, Lucknow. No. 10582/lD/Admin. (A-3)/Auralya : Dated : Allahabad 27.7.1999 Subject : Issuance of the Notification in the matter of establishment of Judgeship of the newly created district Auraiya. Sir, I am directed to refer to G.O. No. 2166/VII Nyaya-2-98 3G/98 dated June 25, 1998, on the above subject, by which Government have created the Court/Post of District and Sessions Judge. Civil Judge (Senior Division), Chief Judicial Magistrate. Judicial Magistrate and Civil Judge (Junior Division) for the newly created Auraiya district and to send herewith a copy each of the draft notifications for the aforesaid five Courts as detailed below : (i) Under Sections 4, 13 and sub-section (1) of Section 14 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act No. XII of 1887). AND Section 5 of the Provincial Small Causes Courts Act, 1887 (Act No- IX of 1887) (ii) Under Proviso to subsection (1) of Section 11 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) read with Section 21 of the General Clauses Act, 1897 (Act No. X of 1897). (iii) Section 59A of the Provincial insolvency Act, 1920 (Act No. V of 1920). (iv) Under clause (d) of Section 3 of the Land Acquisition Act, 1894 (Act No. 1 of 1894). I am also to send herewith the draft notification pertaining to creation of Sessions Division as detailed below : (v) Section 7 and Section 9 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), read with Section 21 of the General Clauses Act, 1897 (Act No. X of 1897). I am, therefore, to request you kindly to move the Government for issuing notification in the matter and the copy of Government Notification so issued be sent to the Court for necessary action. Enclosure : As above Yours faithfully REGISTRAR No. 10583/1D/Auraiya/Admn. (A-3) Dated : Alld. : 27.7.1999. Copy forwarded to Officer on Special Duty, Auraiya, with reference to his letter No. 98/1-99 Auraiya dated 23.5.1999 for information and necessary action. By order of the Court sd. DEPUTY REGISTRAR" 2.3. To this writ petition originally 'Sushri Mayawati, former Chief Minister, U. P., at present Member of Parliament through Speaker, Lok Sabha, Delhi' was impleaded as respondent No. 4 but the name of respondent No. 4 was deleted by the learned counsel for the petitioners on 26.10.1999. 2.4. On an application filed by the persons vide our order dated 24.1,2000 were impleaded as respondent Nos. 5 to 10.
(3.) The prayer of the 35 petitioners in Civil Misc. Writ Petition No. 48513 of 1999 is not command the respondents to issue required Notification for creating Subordinate-Judiciary at Auraiya in terms of the Notification as contained in Annexure-1 (which is Annexure-1 of Civil Misc. Writ Petition No. 44906 of 1999).;