Judgment

SEN, J. - This appeal by special leave is directed against the judgment and order of the Bombay High Court dated Dec. 14, 1981. By its judgment the High Court struck down an order dated Aug. 27, 1981 by which the Chief Justice of the Bombay High Court, in exercise of his powers under sub-sec. (3) of S. 51 of the States Reorganisation Act, 1956 (Act XXXVII of 1956) (for short the Act) with the prior approval of the Governor of Maharashtra, directed that the Judges and Division Courts of the High Court of Bombay shall also sit at Aurangabad with effect from Aug. 27, 1981 for the disposal of cases arising out of the Marathwada region of the State of Maharashtra.

2. By an order dated May 4, 1982 (since reported in AIR 1982 SC 1198), we allowed the appeal and set aside the judgment of the High Court since it did not appear to us that the impugned order issued by the Chief Justice suffered from any infirmity, legal or constitutional. We now proceed to give our reasons.

3. By virtue of sub-section (1) of S. 49, the High Court of Bombay exercising immediately before the appointed day i. e. Nov. 1, 1956, jurisdiction in relation to the existing State of Bombay, was deemed to be the Hi