B.M. Lal, J. - (1.) Instant writ petition is filed under Article 226 of the Constitution of India in the Lucknow Bench of the High Court of Judicature at Allahabad for issuance of an order, direction or writ in the nature of Certiorari quashing the advertisement, corrigendum, notification and orders contained in Annexures 1 to 11 to the writ petition and further for issuance of an order, direction or writ, in the nature of Mandamus commanding the opposite parties not to interfere in running of following six sugar factories : 1. The Kisan Sahkari Chini Mills Ltd. Sathiaon, District Azamgarh. 2. The Kisan Sahkari Chini Mills Ltd. Rasra, District Ballia. 3. The Kisan Sahkari Chini Mills Ltd. Satna, District Aligarh. 4. The Kisan Sahkari Chini Mills Ltd. Aurai, Bhadohi. 5. The Kisan Sahkari Chini Mills Ltd. Jewar, District Bulandshahar. 6. The Kisan Sahkari Chini Mills Ltd. Sultanpur.
(2.) At the hearing of this petition we indicated to Sri Umesh Chandra, former Advocate General and learned senior counsel appearing on behalf of petitioners that this Court would confine it to the preliminary point as to whether cognizance of this petition in respect of 5 sugar mills located outside the Oudh area, can be taken by the Lucknow Bench of the High Court of Judicature at Allahabad or the papers be transmitted to the main seat of the High Court of Judicature at Allahabad.
(3.) The actual controversy involved in this petition to be decided by this Court, which will also govern the fate of several other similarly circumstanced petitions pending in the Lucknow Bench, centres round the basic question as to whether on the face of the provisions of Ist Proviso to Clause 14 of the United Provinces High Courts (Amalgamation) Order, 1948, (for short, the Amalgamation Order), notwithstanding express exclusion of the provisions of Civil Procedure Code (including the provisions of Sections 15 to 20 CPC) by the Civil Procedure Code Amending Act, 1976, (adding Explanation to Section 141 CPC) with effect from 1-2-1977, to the writ proceedings under Article 226 of the Constitution of India, after the Apex Court's pronouncement in Nasiruddin v. State Transport Appellate Tribunal (AIR 1976 SC 331) on 29-8-75, applying the theory of partial cause of action ; Lucknow Bench of the High Court of Judicature at Allahabad has any jurisdiction to take cognizance in respect of the 5 sugar mills situated outside Oudh area?;