(Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH)

In this petition under Article 226 of the Constitution, the Palanpur Bar Association and its President have challenged -

(i) State Government Notification dated 11.10.1999 (Annexure-A) issued under Section 12 read with Sections 6 and 13 of the Bombay Civil Courts Act, 1869 (hereinafter referred to as ?the Bombay Act?) or ?the old Act?) establishing a Court of Joint District Judge at Deesa in the District of Banaskantha and also investing the Joint District Judge at Deesa with the powers co-extensive with and jurisdiction concurrent with the District Judge, Palanpur for disposal of cases arising out of Deesa Taluka and 11 other Talukas of Banaskantha District (out of which 2 Talukas have by now gone to another District called Patan District).

(ii) High Court Notification dated 13.10.1999 (Annexure-B) issued under Section 9(6) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ?the Cr.PC?) specifying Deesa as additional place of sitting of the Court of Sessions of Banaskantha sessions division which is having Palanpur as its ordinary place of sitting, exercising all powers of the Sessions Judge co-extensively in respect of the cases arising out of the area of Deesa Taluka and 11 other Talukas specified hereinabove (out of which 2 Talukas have by now gone to another District called for Patan District).

(iii) Order dated 16.10.1999 of the District & Sessions Judge, Palanpur transferring all the pending civil and criminal matters [except MACP pending on the file of MAC Tribunal and atrocity cases pending in the Special Court at Palanpur] on the file of the District & Sessions Court, Banaskantha District at Palanpur as well as on the file of Assistant Judges & Additional Assistant Judges, Palanpur arising from the jurisdiction of Deesa Taluka and the above-named specified Talukas to the file of the Joint District Judge & Additional Sessions Judge at Deesa.

2. Banaskantha is one of the 25 Districts in the State of Gujarat. The Headquarters of the District is at Palanpur. Petitioner No.1 ? Palanpur Bar Association is an association of Advocates practising in the District Court at Palanpur and Courts subordinate thereto in the 4 Talukas from which the civil and criminal cases go to the District & Sessions Court at Palanpur. Originally, Banaskantha District consisted of 11 revenue Talukas (Tehsils). In the year 1997-98, 5 new Talukas were formed by the State Government and, therefore, just before issuance of the impugned notifications in the year 1999, the total number of Talukas in Banaskantha District was 16. During pendency of the petition, 2 Talukas viz. Radhanpur and Santalpur were excluded from Banaskantha District and included in the newly constituted Patan District. Hence at present Banaskantha District consists of 14 Talukas. From the geographical map of the Banaskantha District (Annexure-D), it appears that the distance between Palanpur and Deesa is 26 kms.. The 4 Talukas are closer to Palanpur and the other 10 Talukas including Deesa Taluka are closer to Deesa. In fact for travelling from all those 10 Talukas to Palanpur one would have to pass Deesa.

3. The Bar Association, Deesa passed Resolution dated 11.2.1993 and sent the representation to the High Court to establish the Court of Assistant Judge & Additional Sessions Judge at Deesa. After considering the workload and other aspects, the High Court decided to establish the Court of Joint District Judge and Additional District Judge at Deesa. The District Judge, Banaskantha at Palanpur was asked to arrange a meeting with the President of the Bar Associations of Palanpur, Deesa and other Talukas on 27.9.1999. The President of Bar Associations of various Talukas gave in writing that areas of their respective Courts should be kept within the jurisdiction of the proposed court of Joint District Judge & Additional Sessions Judge at Deesa. The High Court also received memorandum dated 21.9.1999 sent by the Presi