- (1.) THIS writ petition has been filed with the prayers for issuance of: (i) a writ, order or direction in the nature of certiorari for quashment of the impugned notification dated 01.07.2010 (Annexure No. 1 to the writ petition) issued by the State Government; (ii) a writ, order or direction in the nature of mandamus commanding the opposite parties to restore the districts, Sultanpur and Rae Bareli, to their original boundaries as they existed prior to issuance of notification dated 01.07.2010, and (iii) any other writ, order or direction of general nature which this Court may deem fit and proper in the facts and circumstances of this case.
(2.) PETITIONERS have also averred in the writ petition that they are directly affected by the creation of new district and that on the subject matter impugned herein no other writ petition has been filed either before this Court or any other Court. It appears from Annexure No. 1 herein, the notification dated 01.07.2010 issued by the State Government, that the earlier notification dated 13.11.2003 whereby the district 'Chhatrapti Shahuji Maharaj Nagar' (for short 'CSMN') had been abolished has been rescinded and that district has been restored. The notification dated 01.07.2010 on reproduction reads as: In exercise of powers conferred by Section 11 of the U.P. Land Revenues 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 is pleased to rescind with effect from the date of publication of this notification in the Gazette, the Government notification No. 3122/1 -5 -2003 -181 -2002 -Rev. -5, dated November 13, 2003 regarding abolition of the district Chhatrapati Shahuji Maharaj Nagar and to direct that the said district of Chhatrapati Shahuji Maharaj Nagar shall be restored with its headquarters at Gauriganj comprising the areas of the revenue villages included in Schedule -I and Schedule -II of the Government Notification No. CM -17/1 -5 -2003 -181 -2002 -Rev -5, dated May 21, 2003. 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 the said areas.
(3.) THE earlier notification dated 21.05.2003 creating the said district 'CSMN' reads as: In exercise of 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 modification of earlier notifications issued in this behalf, is pleased to create with effect from the date of publication of this notification in the Gazette, a new district by the name of Chhatrapati Shahuji Maharaj Nagar with its headquarters at Gauriganj comprising the areas of the revenue villages mentioned in Schedule -I and Schedule -II and to alter with effect from the said date the limits of the existing districts of Rae Bareli and Sultanpur so as to comprise the existing areas except those included in the newly created district of Chhatrapati Shahuji Maharaj Nagar mentioned in Schedule -I and Schedule -II respectively. 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. Schedule -I Revenue villages of district Rae Bareli included in Assembly Constituencies of (1) Tiloi, and (2) Salon. Schedule -II Revenue villages of district Sultanpur in Assembly Constituencies of (1) Amethi, (2) Gauriganj, and (3) Jagdishpur.;