( 1 ) THESE two writ petitions, the second one having been connected with the first one vide order dated 25-11-1999, were listed before our Bench for the first time on 17-1-2000 in which cross prayers have been made. They have been heard together and are being disposed of by this common judgment and order. It may be mentioned that on an application filed by the petitioners of the first petition before Honble the Chief Justice, His Lordship vide his administrative order dated 11-1-2000 directed to place it before a Bench presided over by one of us (Binod Kumar Roy, J. ).

( 2 ) CIVIL Misc. Writ Petition No. 44906 of 1999 has been filed by 5 Advocates of the Collectorate Bar, Etawah for commanding the Respondents by issuance of a writ, order or direction in the nature of mandamus not to give effect to and to quash (i) the Notification dated 18/09/1997 (as contained in Annexure-1 to the writ petition) and (ii) the letter dated 22-7-1999 of the Registrar, High Court of Judicature at Allahabad (as contained in Annexure-1a to the writ petition ). In substance the prayer of the petitioners is to quash the creation of the new district named Auraiya as a Revenue district as well as Judicial district both. 2. 1 The document appended as Annexure-1 is the English transalation of Revenue Department-5, Notification No. 2869/1-5-97/322-99-Rev.-9 dated 18/09/1997 published in the U. P. Gazette, Extra. , Part 4, Section (Kha), dated 18/09/1997, p. 2 (AP 690) which reads thus :- "in exercise of the powers under sec. 11 of the U. P. Land Revenue Act, 1901 (U. P. Act No. III of 1901), read with Sec. 21 of the Uttar Pradesh General Clauses Act, 1904 (U. P. Act, No. 1 of 1904) the Governor, in partial modification of earlier notifications issued in this behalf, is pleased to create with effect from the date of publication of this notification in the Gazette, a new district by the name of Auraiya comprising the areas included in existing Tehsils of Auraiya and Bidhuna of district Etawah with its headquarters at Auraiya and to alter with effect from the said date, the limits of the existing district of Etawah so as to comprise the existing areas except those included in the newly created district of Auraiya.

( 3 ) THE Governor is further pleased to direct that nothing in this notification shall effect any legal proceedings already commenced or pending in any court of law which has hitherto exercised jurisdiction in respect of said areas. "2. 2 The document appended as Annexure-1 A reads thus :-From, Sri S. S. Kulshrestha, HJS, Registrar, High Court of Judicature at Allahabad. To, Sri Arun Kumar Srivastava, Special Secretary, Govern- ment of U. P. , Judicial Section-2, (Subordinate Courts) Section, Lucknow. No. 10582/1d/admin. (A-3)/auraiya : Dated Allahabad 27-7-1999 Subject : Issuance of the Notification in the matter of establishment of Judgeship of the newly created district Auraiya. Sir, I am directed to refer to G. O. No. 2166/vii Nyaya-2-983g/98 dated 25/06/1998, on the above subject, by which Government have created the Court/post of District and Sessions Judge, Civil Judge (Senior Division), Chief Judicial Magistrate, Judicial Magistrate and Civil Judge (Junior Division) for the newly created Auraiya district and to send herewith a copy each of the draft notifications for the aforesaid five Courts as detailed below :- I) Under section 4,13 and sub-sec. (I) of Sec. 14 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act No. XII of 1887 ). AND Section 5 of the Provincial Small Cause Courts Act, 1887 (Act No,. IX of 1887) II) Under Proviso to sub-sec. (1) of Sec. II of the Code of Criminal Procedure, 1973 (Act No. 12 of 1973) read with Section 21 of the General Clauses Act, 1897 (Act No. X of 1897 ). III) Section 59 A of the Provincial Insolvency Act, 1920 (Act No. V of 1920 ). IV) Under clause (d) of Sec. 3 of the Land Acquisition Act, 1894 (Act No. 1 of 1894) I am also to send herewith the draft notification pertaining to creation of Sessi

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