S. P. Srivastava, J. - (1.) -Heard Sri Murlidhar, senior advocate assisted by Sri Y. K. Sinha, advocate representing the petitioners.
(2.) SRI Sudhir Agarwal, learned Additional Advocate General assisted by SRI K. R. Sirohi, advocate who has put in appearance at this stage on advance notice has also been heard. Sri Murlidhar, senior advocate appearing for the petitioners states that the relief (i) claimed in the writ petition is not pressed and may be treated to have been deleted. The writ petition, therefore, remains confined to the relief (ii) claimed by the petitioners.
(3.) SO far as the relief (ii) claimed by the petitioners is concerned, the sole grievance urged and pressed in this regard is against the direction issued vide the letter sent by the Registrar General to the District and Sessions Judge, Ghaziabad dated 13th February, 2004 requiring him to authorise the senior most Additional District and Sessions Judge posted in the disbanded revenue district of Gautam Budh Nagar to exercise the jurisdiction exercisable by the District Judge relating to the areas of 185 revenue villages of Tehsil Dadri now included in revenue district Ghaziabad and also to exercise jurisdiction to entertain, try and dispose of bail applications and other criminal cases committed by and hear appeals arising from judgments and orders passed by the Magistrate(s) having jurisdiction in respect of crime registered in any of the police station in 185 revenue villages of Tehsil Dadri. The contention of the learned counsel for the petitioner is that taking into consideration the implications arising under the provisions of the Bengal, Agra and Assam Civil Courts Act, 1887 it is not permissible in law to create a situation where an Additional District and Sessions Judge posted in the disbanded district of Gautam Budh Nagar virtually functions as a District Judge, as in that event, it will amount to create two posts of District Judges in one district which will be patently illegal and will further amount to usurpation of the jurisdiction exclusively vesting in a District Judge under the statutory provisions.;