DEVI PRASAD SINGH, J. - (1.)WITH the change of Government, the creation of new districts has become a routine feature in the State of Uttar Pradesh that too, without adverting to financial viability and necessity. Ordinarily, decisions are political to perpetuate legacy of political parties.
(2.)SIMILAR is the case in hand referred by the Division Bench of this Court relating to constitution of Chhatrapati Shahu Ji Maharaj Nagar (in short CSM Nagar).
On account of conflicting judgment with regard to right of State Government to create districts, a Division Bench of this Court (Hon'ble Pradeep Kant, J. and Hon'ble Ritu Raj Awasthi, J.), has framed three (3) questions and referred the same to the Larger Bench. In terms thereof, Hon'ble the Chief Justice has constituted the present Bench. The questions referred by the Division Bench vide order dated 25.3.2011 passed in Writ Petition No.10159 (M/B) of 2010 and three other connected writ petitions, are as under:

(i) Whether the issuance of notification under section 11 of the U.P. Land Revenue Act read with section 21 of the U.P. General Clauses Act by the Governor is legislative act or administrative act. (ii) Alternatively, if the exercise of statutory power under section 11 is held to be legislative act, then whether the impugned notification can be held to be violative of the directives issued by the Central Government under rule 8(iv) of the Census Rules, 1990, in view of Article 246(1) of the Constitution and, therefore, invalid. (iii) Whether in view of the fact that there is no apparent inconsistency in the two Acts, namely, Census Act, 1948 (Central enactment) and the U.P. Land Revenue Act (State enactment), the inconsistency which has arisen because of the exercise of executive power by the State under the State Act would be an inconsistency within the meaning of Article 246 read with Article 254 of the Constitution.

Csm Nagar was created by the Notification dated 21.5.2003, issued under Section 11 of the U.P. Land Revenue Act, 1901 (in short the Act) read with Section 21 of the U.P. General Clauses Act, 1904 (in short General Clauses Act), by His Excellency, the Governor of the State of U.P. The Notification was challenged in this Court by preferring Writ Petition No.5027 (M/B) of 2003 [Nagarjun Prasad Gupta. Vs. State of U.P. and others]. A Division Bench of this Court by an interim order dated 9.10.2003, stayed the operation of notification keeping in view the earlier Division Bench judgment of Allahabad High Court reported in 1999 (17) LCD 323 [Ram Milan Shukla and others. Vs. State of U.P. and others].

During the pendency of the Writ Petition No.5027 (M/B) of 2003 filed by Nagarjun Prasad Gupta (supra), the State of U.P. decided to abolish new district hence, a Notification dated 13.11.20003 was issued under Section 11 of the Act read with Section 21 of General Clauses Act. The Notification dated 13.11.2003 is being reproduced as under:-

3122/1-5-2003-181-2002--5, 13 , 2003 -606, 1904 (1 1904) 21, 1901 ( 3 1901) 11 -17/1-5-2003-181-2002--5, 21 , 1- 1- 2- 2- 3-

On account of census operation undertaken by the Government of India, by Notification dated 22.9.2009, the State Government was required not to change the boundaries of Nagar Paikas, Revenue villages, Tahsils, police stations, Vikas Khands, Taluqas, Parganas, districts etc., from 1.1.2010 to 31.3.2011. In consequence thereof, the State Government by Notification dated 22.12.2009, issued under Rule 8 (4) of Census Rules, 1991, directed not to change the administrative boundaries of districts, Tahsils in the State of U.P.

(3.)DURING the operation of Notification dated 22.12.2009, by the impugned Notification dated 1.7.2010 issued by His Excellency, the Governor under Section 11 of the Act, read with Section 21 of General Clauses Act, the earlier Notification dated 13.11.2003 was rescinded restoring the CSM Nagar. The Notification dated 1.7.2010 is reproduced as under:-
'' -5 ----------- 1858/1-5-2010-181-2002 --5 , 1 , 2010 ----------- -395 , 1904 ( 1 1904) 21 , 1901 ( 3 1901) 11 3122/1-5-2003-181- 2002--5 13 , 2003 , , -17/1-5- 2003-181-2002--5 21 , 2003 -2 2-"

The notification dated 22.12.2009 was issued in pursuance of the Circular dated 22.9.2009 issued under rule 8 (4) of the Census Rule by the Government of India. For convenience, Circular dated 22.9.2009, issued by the Government of India, and the consequential notification dated 22.12.2009, issued by the Government of Uttar Pradesh, are reproduced as under:-

"Government of India Ministry of Home Affairs 2A, Mansingh Road, New Delhi ? 110 011 No.9/66/09-CD (CEN) Dated : 22.9.09 CENSUS OF INDIA 2011-CIRCULAR NO. 6 Subject : Census of India 2011- Fixing of boundaries of Administrative Units during the period of the census operations. The preparations for the next decennial Census of India, 2011 are in full swing. The pre-test of Census of India, 2011 has already been conducted and now we are towards 1st phase of the main Census i.e., Housing and House listing Census to be conducted all over the country from April, 2010 followed by the Population Enumeration in February/March, 2011. 2. During the census operations, it is important to ensure the complete coverage, hence, the entire country is divided into small Enumeration Blocks within the framework of respective Administrative Units in the States and Union Territories. The work of demarcation of these Enumeration Blocks is taken up well in advance of the House listing Operations, as the census maps are to be prepared accordingly to obviate any overlapping or omission of areas. 3. For conducting the census operation efficiently, it is necessary to ensure that the boundaries of administrative units are not disturbed after the demarcation of the Enumeration Blocks till the completion of the census operation. Thus, any changes proposed in the jurisdiction of the existing administrative units may be effected well before 1 st January, 2010. 4. In the circumstances, proposals for making any changes in the boundaries of existing municipalities, revenue villages, tahsils, police stations, development blocks, talukas, sub-divisions, district etc., or for forming new units which may be pending or which may be taken up on near future, may kindly be finalized and given effect by 31st December, 2009. All such changes may please be intimated to the concerned Census Directorates in State/U.P. and the office of the Registrar General, India by 31st December, 2009. The State Government may further ensure that no changes, whatsoever, are effected in the boundaries of these administrative units during the period from 1st January, 2010 to 31st March, 2011. Sd/- (D.K. Sikri) Registrar General and Census Commissioner, India To 1. All Chief Secretaries 2. All Directorates of Census Operations 3. PS to Secretary (RGI) 4. PS to JS (OSD) 5. PS to Addl. (RGI) 6. PS to DDG (MNIC) 7. All Heads of Divisions of ORGI 8. Language Division, Kolkata 9. AD (OL) for Hindi translation 10. Census Division (15) copies) 11. Guard file" True copy || TYPED COPY || '' -- 166 / --09--16 (1) / 2009 22 , 2009 , --4/68/09 (), 22 , 2000 , , , , ,, , 31 , 2009 , , , 31 , 2009 01 , 2010 31 , 2011 , , , 1948 ( 37 1948) --18 (1) , 1990 8 () 01 , 2010 31 , 2011 , -- 166(1) /--2009 - 1. , , 2. , , 3. , , 4. , 5. , , 6. , , 7. / / , 8. , 2/, , -9/66/09-CD (CSN) 22-09-2009 9. /, , 10. , 11. , 12. / , 13. , ............., 14. , , , , 15. /............... 16. ''

A Writ Petition No.6077 (M/B) of 2003 was filed in this Court by one Uma Shanker Pandey which was decided by a Division Bench of this Court by judgment and order dated 26.3.2010 at admission stage. The judgment and order dated 26.3.2010, passed by the Division Bench in Writ Petition No.6077 (M/B) of 2003 is reproduced as under:-

"Case :- MISC. BENCH No. - 6077 of 2003 Petitioner :- Uma Shanker Pandey (P.I.L.) Respondent :- State Of U.P. Thru Principal Secretary And 2 Ors Petitioner Counsel :- S.B Pandey,R.K.Pandey Respondent Counsel :- C.S.C Hon'ble Amitava Lala,Acting Chief Justice Hon'ble Shabihul Hasnain,J. The grievance of the writ petitioner is that in spite of creation of the district, namely, Chhatrapati Shahuji Maharaj Nagar, all the effects were not given due to an interim order and thereafter the notification was withdrawn though other nine districts and Tehsils are created, therefore, the matter requires little consideration by the State Government and we wanted to get the submissions from the Advocate General. According to us, powers to create, alter and abolish divisions, districts, tahsil and sub-divisions are lying with the State Government under Section 11 of the Uttar Pradesh Land Revenue Act, 1901. Though such creation was made by the subsequent notification, but according to the petitioner he cannot be thrown out from his right to get an appropriate consideration by the State. Hence in disposing of the writ petition, we direct the writ petitioner to make a representation to the authority concerned within a period of one week from obtaining a certified copy of this order and if it is made, the authority concerned will consider the same upon giving the fullest opportunity of hearing and by passing a reasoned order thereon within a period of three months from the date of making such application. For the purpose of effective adjudication, a copy of the writ petition along with its annexures, affidavits and relevant judgments can also be treated as part and parcel of the representation for due consideration. The petition is disposed of accordingly, however, without imposing any cost. Order Date :- 26.3.2010 "