Result: Writ Petition dismissed.

Petitioner has filed this writ petition, praying to quash the notification No. RPS 117/2004 dated 4th June, 2008, issued by the respondent. By the said notification, it was notified that, the Hon’ble Chief Justice of the High Court of Karnataka, has been pleased to order that, sittings of the Hon’ble Judges and Division Courts at the Circuit Benches at Dharwad and Gulbarga, will commence on 7.7.2008 and that the cases arising from the Districts named therein, will be heard and decided at the respective Circuit Benches and that the pending cases from the districts concerned, will be transferred to the respective Circuit Bench, before 7.7.2008 and that the filing of new cases at the Circuit Bench will be permitted from 7.7.2008.

2. Petitioner, claims to be resident of Bellary and to have suits and appeals pending in the Courts at Bellary and in the High Court of Karnataka, Bangalore. According to him, the aforesaid notification is opposed to the spirit and essence of the States Re-organisation Act, 1956 (for short ‘the Act’) and there cannot be territorial bifurcation in the case of Circuit Benches and assigning of the districts to the respective Benches amounts to territorial bifurcation and the Benches created under Section 51(3) of the Act, cannot have exclusive jurisdiction which is reserved for a Principal or Permanent Bench. It is stated that, bifurcation of jurisdiction by allotment of districts to the respectie Benches is impermissible and that the jurisdiction of the Principal Bench should always be open and should never be shut to the litigants, irrespective of the presence of Circuit Benches in their area.

3. Karnataka is a big State with 29 Districts and a population of 5.273 Crores. At the time of State Re-organisation in 1956, Bangalore was declared as the capital and also the seat of the High Court. The distance between Bangalore and Bidar (head quarters of the Northern most district) is 729 Kms. The distance between Bangalore and Gulbarga is 663 Kms. The distance Bangalore and Dharwad is 425 Kms. The people of Northern Karnataka area were facing serious hardship and difficulties in having access to justice and the High Court due to the distance between their areas and Bangalore and the cost and time of travel to reach Bangalore. Hence they were demanding establishment of Circuit Bench of the High Court in their area. Considering the demand of the litigant public of Northern Karnataka and with the approval of the Governor of Karnataka, a notification dated 19.10.2004 was issued by the Chief Justice, High Court of Karnataka under Section 51(3) of the Act, notifying the sittings of judges and Division Courts of the High Court of Karnataka, at Dharwad and Gulbarga. It was also notified therein that, the date of sittings will be notified after getting satisfactory report of the Committee constituted by the order of the Hon’ble Chief Justice. The Committee, after making visits and inspecting the buildings constructed for the purpose of establishing of the Circuit Benches, has submitted the reports. The construction of buildings for the Circuit Benches at Dharwad and Gulbarga was started on 25.8.2006 and 2.11.2006 respectively. On completion of the construction of the buildings and after ensuring necessary inftastructure for the functioning of the Courts, the Full Court of the High Court, has resolved on 3.6.2008 to commence the sittings of the Judges and Division Courts at the Circuit Benches at Dharwad and Gulbarga on 7.7.2008. The Full Court has also resolved that, the cases arising from the Districts of Bagalkot, Bellary, Belgaum, Dharwad, Gadag, Haveri, Uttara Kannada-Karwar and Koppal will be heard and decided at the Circuit Bench at Dharwad and that the cases arising from the Districts of Bidar, Bijapur, Gulbarga and Raichur, will be heard and decided at the Circuit Bench at Gulbarga. It was further resolved that, pending cases from the above mentioned districts will be transferred to the respective Circ