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2008 Supreme(SC) 446

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, C.K.THAKKER
State of U. P. – Appellant
Versus
Chaudhari Ran Beer Singh – Respondent


judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court. The controversy related to creation of a new district i.e. Baghpat in the State of Uttar Pradesh.

2.By the impugned order the High Court disposed of the writ petition as follows:

“In view of the order passed in W.P. No. 5004 of 1999 Mohd. Tariq v. State of U.P. no further order is required in this petition. Petition is disposed of.”

3.Since the order is practically unreasoned, it is necessary to take note of the factual background. On 15.9.1997 a Notification was issued under Section 11 of the U.P. Land Revenue Act,1901 (in short the ‘Act’) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (in short the ‘General Clauses Act’). The Governor directed creation of a new District by the name of Baghpat with effect from the date of publication of the Notification. A Writ Petition No. 9085 of 1999 was filed challenging the aforesaid Notification. There were essentially two prayers i.e. one was to quash the Notification dated 15.9.1997 and the other not to permit Baghpat District to continue. A Writ Petition Civil Misc. No. 39756 of 1998 had been

















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