JUDGMENT

ORDER:— Having given the matter our anxious consideration, we are of the opinion that Notification No. P-6303/81 dated Aug. 27, 1981 issued by the Chief Justice of the Bombay High Court in exercise of his powers under sub-s. (3) of S. 51 of the States Reorganisation Act, 1956 (Act No. XXXVII of 1956) (for short the Act), with the prior approval of the Governor of Maharashtra, by which he appointed Aurangabad as a place at which the Judges and Division Courts of the Bombay High Court shall also sit w.e.f. August 27, 1981, does not suffer from any infirmity, legal or constitutional.

2. We are unable to agree with the view taken by the High Court that the High Court of Bombay was not the High Court for the new State of Bombay within the meaning of sub-s. (1) of S. 49 of the Act and that, therefore, the provisions of S. 51 thereof were non est. The Bombay High Court owes its principal seat at Bombay to the Presidential Order issued under sub-s. (1) of S. 51 of the Act. The expression "new State occurring in sub-s. (1) of S. 49 of the Act is defined in S. 2 (i) to mean "a State formed under the provisions of Part II". The State of Bombay was a new State formed under S. 8 of the