Judgment :

Special Leave Petition (C) No.9489 of 2008 has been filed by the State of U.P. against the interlocutory order dated 04.04.2008 passed by the Division Bench of the Allahabad High Court, Lucknow Bench, Lucknow, in Writ Petition No. 3576 (M/B) of 2006 directing the State Government to maintain status quo and not to raise any construction at any place which had been notified by the notices filed along with the affidavit dated 21.02.2008 of Shri Shankar Agarwal, the then Secretary, Housing, Government of U.P.. On 21.04.2008, this Court while issuing notice in the SLP also directed stay of the impugned interlocutory order dated 04.04.2008 passed by the Division Bench of the Allahabad High Court, Lucknow Bench, Lucknow, and further proceedings before the High Court in Writ Petition No 3576 (M/B) of 2006.

2. Transfer Petitions Nos. 435-442 and 444 of 2008 have been filed by the State of U.P. for transferring to this Court Writ Petitions Nos. 3576 (M/B) of 2006, 3695 (M/B) of 2006, 1368 (M/B) of 2008, 8430 (M/B) of 2007, 7357 (M/B) of 2007, 9343 (M/B) of 2007, 8782 (M/B) of 2007, 2841 (M/B) of 2008, and 3236 (M/B) of 2006 pending before the Allahabad High Court, Lucknow Bench, Lucknow, on inter alia the ground that the question of law raised in the writ petitions was the same as the one raised in S.L.P. (C) 9489 of 2008.

3. On 08.09.2009, this Court passed orders in I.A. Nos. 65-66 of 2009 in T.P.(C) Nos.438 & 440 of 2008 recording the undertaking on behalf of the State of U.P. that no further construction over the properties, which are subject-matter of the writ petitions pending before the Allahabad High Court, Lucknow Bench, Lucknow, would be made. Pursuant to reports in the newspapers that some work continued on the properties, this Court passed orders in I.A. Nos.65-66 of 2009 in T.P.(C) Nos.438 & 440 of 2008 directing that all activities of all manner and kinds, whether construction, repair or maintenance, shall stop forthwith at all the construction sites covered by the previous order of this Court and all the construction sites shall be vacated of the entire workforce, excepting the watch and ward staff within six hours.

4. On 06.10.2009, this Court further passed orders in I.A.Nos.65-66 of 2009 in T.P.(C) Nos.438 & 440 of 2008 initiating the contempt proceedings against the Chief Secretary, State of U.P., and directing notice to him to show-cause why he should not be proceeded against and punished for deliberate and conscious violation of the undertaking given to this Court on 08.09.2009 and of the restraint order passed by this Court on 11.09.2009 and accordingly suo motu Contempt Petition (C) No.326 of 2009 has been registered. On 06.10.2009, this Court also passed orders making the interim orders passed on 11.09.2009 in I.A. Nos.65-66 of 2009 in T.P.(C) No.438 & 440 of 2008 absolute.

5. We have heard Mr. Harish N. Salve and Mr. R.N. Trivedi, learned counsel for the petitioners and Dr. Abhishek Manu Singhvi, learned counsel for the respondents.

6. We are not inclined either to interfere with the interlocutory order dated 04.04.2008 passed by the Division Bench of the Allahabad High Court, Lucknow Bench, Lucknow, in Writ Petition No. 3576 (M/B) of 2006 or to direct transfer of the writ petitions pending in the Allahabad High Court, Lucknow Bench, to this Court. We, however, request the Chief Justice, Allahabad High Court, to nominate as soon as possible an appropriate Bench to hear Writ Petition No. 3576 (M/B) of 2006 along with all the Writ Petitions which were sought to be transferred to this Court by the Transfer Petitions (C) Nos. 435442 and 444 of 2008 and we request the Bench of the Allahabad High Court so nominated to hear and dispose of all these matters within a period of four months from the date of constitution of the Bench.

7. We had called upon the Chief Secretary, Government of U.P., to file an affidavit indicating the cleaning, maintenance and repair work which need to be done during the pendency of